Ziad Husein v. Eric Holder, Jr.

MEMORANDUM

Ziad Husein petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen his removal proceedings.

Generally, motions to reopen must be filed within ninety days of a final administrative order of removal. 8 U.S.C. § 1229a(c)(7)(C)(i). It is undisputed that the BIA affirmed the Immigration Judge’s (I J) denial of Husein’s applications for asylum, withholding of removal, and protection under the Convention Against Torture on April 19, 2006, and that Husein did not file his motion to reopen until March 8, 2010 — nearly four years later. Thus, under the general rule, Husein’s motion was untimely.

The timeliness bar does not apply to motions “based on changed country conditions” supported by evidence that is “material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii). The BIA concluded, however, that Husein did not qualify for the exception because Husein failed to establish that the evidence in support of his motion was not available at the time of his merits hearing before the IJ.

We review the BIA’s denial of a motion to reopen for abuse of discretion. See…