Rayskyy

MEMORANDUM

Sergiy Rayskyy, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992), and we deny in part and dismiss in part the petition for review.

We reject Rayskyy’s contention that the BIA erred by failing to address his argument of worsening country conditions in Ukraine because Rayskyy’s motion was not supported by an affidavit or other relevant evidentiary material. See Patel v. INS, 741 F.2d 1134, 1137 (9th Cir.1984) (“[I]n the context of a motion to reopen, the BIA is not required to consider allegations unsupported by affidavits or other evidentiary material.”); see also Doherty, 502 U.S at 323-24, 112 S.Ct. 719 (the moving party must show evidence could not have been discovered or presented at the former hearing). Moreover, to the extent Rayskyy contends the BIA failed to consider some or all of the evidence submitted with the motion to reopen, he has not overcome the presumption that the BIA did…