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

Mohammad Shameem v. Eric H. Holder Jr.

Mohammad Shameem v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 30, 2011 · Farris, O'Scannlain, Bybee
425 F. App'x 598

Mohammad Shameem v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Mohammed Shameem and Samshad Begum Shameem, 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 the denial of a motion to reopen. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen because it was untimely, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to present sufficient evidence of changed circumstances in Fiji to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(h); 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.”).

We reject petitioners contention that the BIA faded to consider the evidence because they have not overcome the presumption that the BIA reviewed the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006).

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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