Vahdati-Nasab
Vahdati-Nasab v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Mehdi Vahdati-Nasab petitions for review of the Board of Immigration Appeals’s denial of his untimely motion to reopen his exclusion proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a (repealed 1996), as amended by the transitional rules in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, div. C, § 309(c)(4), 110 Stat. 3009 , 3009-626, to review the BIA’s decision to deny a motion to reopen deportation procedures. Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc). We deny the petition.
Vahdati-Nasab’s motion to reopen was untimely. “A motion to reopen must be filed within 90 days of the date of entry of a final administrative order of removal, deportation, or exclusion, or on or before September 30, 1996, whichever is later.” 8 C.F.R. § 3.23 (b)(1). Thus, Vahdati-Nas-ab’s 1998 motion to reopen was approximately two years late. “The time ... limitations set forth in paragraph (b)(1) of this section shall not apply if the basis of the motion is to apply for asylum ... or withholding of removal ..., and is based on changed country conditions arising in the country of nationality or the country…