Habib Khan v. Eric Holder, Jr.

MEMORANDUM

Khan, a native and citizen of Pakistan, petitions for review of three immigration status decisions: a Board of Immigration Appeals (“BIA”) decision in which the BIA denied Khan’s motion to reopen proceedings for being untimely, a United States Citizenship and Immigration Services Administrative Appeals Office (“AAO”) decision dismissing Khan’s application for temporary resident status under Section 245a of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255a, and an AAO decision rejecting his application for adjustment of status under Section 1104 of the Legal Immigration Family Equity Act, Pub.L. No. 106-553, 114 Stat. 2762, 2762A-142 (2000), amended by LIFE Act Amendments of 2000, Pub.L. No. 106-554, 114 Stat. 2763, 2763A-324.

We review the BIA’s denial of Khan’s motion to reopen for abuse of discretion. See Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). We find the BIA did not abuse its discretion in denying Khan’s motion to reopen because the motion was untimely, having been filed more than six years after the BIA’s decision. See 8 C.F.R. § 1003.2 (c)(2). Khan contends that he did not seek a reopening but rather termination of his removal order,…