Katija Hazem v. Eric Holder, Jr.

MEMORANDUM

Katija Bahar Hazem petitions for review of a Board of Immigration Appeals (“BIA”) decision denying her motion to reopen proceedings. We deny the petition.

Hazem, a native of Afghanistan and a citizen of Germany, was admitted to the United States on May 11, 2004. Hazem remained in the United States beyond her authorized stay, and the Department of Homeland Security (“DHS”) served her with a notice to appear. On September 8, 2005, Hazem filed an application for asylum and withholding of removal. The immigration judge (“IJ”) denied the applications and ordered Hazem removed to Germany.

Hazem appealed to the BIA, which affirmed the IJ without opinion on July 18, 2006. Hazem filed a petition for review with this court, which was denied when the court found that substantial evidence sup ported the IJ’s findings. Hazem v. Mukasey, 309 Fed.Appx. 178 (9th Cir.2009).

On April 3, 2009, Hazem filed a motion with the BIA to re-open her proceedings, arguing that the “fact that the Respondent is now [a] derivative on her husband’s application! ] is the functional equivalent of [ ] changed country conditions.” The BIA found that Hazem’s motion was untimely, because it was filed on…