Nadir Ali v. Eric Holder, Jr.

MEMORANDUM

Nadir Ali, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny the petition for review.

The BIA did not abuse its discretion by denying Ali’s motion to reopen as untimely, see 8 C.F.R. § 1003.2 (c)(2), where Ali failed to demonstrate that there had been a material change in circumstances in Pakistan with respect to violence between Shi’ite and Sunni Muslims to qualify for the regulatory exception to the time limit, see Najmabadi v. Holder, 597 F.3d 983, 987-91 (9th Cir.2010).

We reject Ali’s contention that the BIA erroneously considered the government’s untimely opposition to Ali’s motion. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice to establish a due process violation).

We decline to consider Ali’s documentation and contention that the BIA’s decision was arbitrary, irrational, and capricious because a month before denying Ali’s motion…