U.S. Court of Appeals for the Ninth Circuit, 2011

Gabriela Gomez v. Eric Holder, Jr.

Gabriela Gomez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 21, 2011 · Farris, O'Scannlain, Bybee
422 F. App'x 648

Gabriela Gomez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Gulam Mostofa, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007). We deny the petition for review.

The BIA did not abuse its discretion by denying Mostofa’s motion to reopen as untimely where the motion was filed over six years after the BIA’s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Mostofa failed to establish changed circumstances in Bangladesh to qualify for the regulatory exception to the time limitation for filing motions to reopen. 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.”).

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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