Fahri Xholi v. Loretta E. Lynch

MEMORANDUM

Fahri Xholi, a native and citizen of Albania, petitions' for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and review de novo due process claims violations, Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006). We deny in part and dismiss in part the petition for. review.

The agency did not abuse its discretion in denying Xholi’s motion to reopen as untimely, where it was filed twelve years after the final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and he failed to establish materially changed country conditions in Albania to overcome the regulatory time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening). We reject Xholi’s contentions that the agency violated his due process rights by ignoring evidence or failing to analyze his claim properly. See Najmabadi,…