Osman Khan v. Eric Holder, Jr.

MEMORANDUM

Osman Khan, a native and citizen of Bangladesh, 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 an 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 in denying Khan’s motion to reopen, based on ineffective assistance of counsel, on the grounds that some of the evidence Khan submitted was previously available, see Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir.2003), and that Khan failed to establish prejudice with respect to the attorney who filed the previous motion to reopen, see Lara-Torres v. Ashcroft, 383 F.3d 968, 973 (9th Cir.2004).

The BIA also did not abuse its discretion in denying Khan’s untimely motion to reopen as, see 8 C.F.R. § 1003.2 (c)(2), because Khan failed to present sufficient evidence of changed circumstances in Bangladesh to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Malty v. Ashcroft, 381 F.3d 942,…