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

Magdy Saleeb Hanna v. Eric H. Holder Jr.

Magdy Saleeb Hanna v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 28, 2011 · Rymer, Thomas, Paez
430 F. App'x 566

Magdy Saleeb Hanna v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Magdy Wadie Saleeb Hanna, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir. 2004), and we deny the petition for review.

The BIA did not abuse its discretion by denying Hanna’s motion to reopen because the motion failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). See Azanor, 364 F.3d at 1023 (noting that failure to comply with Lozada is significant where the facts underlying petitioner’s claim were not plain on the face of the record).

PETITION FOR REVIEW DENIED.

**

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

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