Toufighi

Opinion by Judge SINGLETON; Dissent by Judge BERZON.

Pejman Toufighi, a native and citizen of Iran, petitions for review of a decision of the Board of Immigration Appeals (“Board”) which denied his motion to reopen his claims for asylum and withholding of removal. Toufighi sought to reopen the proceedings in reliance on his marriage to a United States citizen, and what he contended were changed circumstances in Iran material to his claims. We have jurisdiction over the final order denying Toufighi’s motion to reopen proceedings. 8 U.S.C. § 1252 (a)(5). We deny the petition for review.

BACKGROUND

Pejman Toufighi is a native and citizen of Iran. He was admitted to the United States on or about March 16, 1996, as a non-immigrant visitor with authorization to remain for six months. Toufighi remained in the United States beyond his six-month stay without authorization from the Immigration Service (“Service”). In May of 1997, the Service instituted removal proceedings.

On August 8, 1997, Toufighi appeared with counsel and conceded that he was removable. The Immigration Judge (“IJ”) granted additional time to consider available forms of relief, and in anticipation of an asylum claim,…