U.S. Court of Appeals for the Ninth Circuit, 2010

Prasad v. Holder

Prasad v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided April 16, 2010 · Schroeder, Pregerson, Rawlinson
371 F. App'x 862

Prasad v. Holder

Opinion

MEMORANDUM **

Ramesh Prasad and his wife, Fouzia Guiñar Prasad, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion *863 the denial of a motion to reopen, see Itur-ribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

We reject petitioner’s contention that the BIA erred by failing to weigh the appropriate evidence in considering the motion to reopen. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006).

The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely where the motion was filed nearly three years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Pra-sad failed to establish changed country conditions in Fiji to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

To the extent Prasad challenges the BIA’s September 23, 2004 order denying asylum, withholding of removal and relief under the Convention Against Torture, we decline to consider the contentions because they have already been rejected by this court in Prasad v. Gonzales, 171 Fed. Appx. 46 (9th Cir. 2006). See Merritt v. Mackey, 932 F.2d 1317, 1320 (9th Cir. 1991) (explaining that under the ‘law of the case doctrine,’ one panel of an appellate court will not reconsider questions which another panel has decided on a prior appeal in the same ease).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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