Khan
Khan v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Asif Soheal Khan, Añila Asif Khan, Suf-yan Asif Khan and Laareb Asif Khan, natives and citizens of Kenya, 1 petition for review from the order of the Bureau of Immigration Appeals (“BIA”) denying their motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a. 2 We review for abuse of discretion the BIA’s denial of a motion to reopen, Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996), and we deny the petition.
The Khans contend that the BIA abused its discretion by denying their motion to reopen. We disagree because the Khans’ new evidence supporting their motion does not present a prima facie case for either asylum or withholding of deportation. See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986); Larimi v. INS, 782 F.2d 1494, 1497 (9th Cir.1986) (per curiam).
Although we agree that the BIA erred by requiring the Khans to address credibility in their motion to reopen, see Khan v. INS, No. 96-70133, 1997 WL 335015, at *1 (9th Cir. June 12, 1997), we conclude that the error was not prejudicial because the Khans failed to establish eligibility for asylum, cf. Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985).