Jalal Kharrat v. Immigration and Naturalization Service

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jalal KHARRAT, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70559. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided July 19, 1996. Before: CHOY, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Jalal Kharrat ("Kharrat"), a native and citizen of Syria, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen deportation proceedings. He argues that the BIA abused its discretion when it concluded that his newly submitted evidence failed to establish prima facie eligibility for a grant of asylum, pursuant to 8 U.S.C. § 1158 (a), or withholding of deportation, pursuant to 8 U.S.C. § 1253 (h). We deny the petition for review. 3 Kharrat did not petition for review of the decision of the BIA denying his request for asylum or withholding of deportation. Instead, Kharrat moved to reopen the…