Fawzi Arwad Gheith v. Immigration and Naturalization Service

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fawzi Arwad GHEITH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70162. United States Court of Appeals, Ninth Circuit. Submitted Sept. 13, 1995. * Decided Sept. 18, 1995. Before: HALL, KOZINSKI, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Fawzi Arwad Gheith, a Palestinian native of the Israeli-occupied West Bank, requests review of a decision of the Board of Immigration Appeals ("BIA"). The BIA denied Petitioner's motion to reopen and reconsider its reversal of the Immigration Judge's ("IJ") order granting him asylum. 1 We conclude that the BIA did not abuse its discretion in denying Petitioner's motion, and we therefore deny the petition for review. 3 A motion to reopen and a motion to reconsider are "distinct motions with different requirements." Chung v. INS, 720 F.2d 1471 , 1474 n. 2 (9th Cir.1983), cert. denied, 467 U.S. 1216 (1984). A motion to reopen must be based on material…