Irfan Bhatti v. Eric Holder

Good Law
474 F. App'x 570
United States Court of Appeals for the Ninth CircuitJuly 9, 201210-71986California247 words

Opinion

Opinion

MEMORANDUM

Irfan Pervai Bhatti, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Lin v. Holder, 588 F.3d 981, 984 (9th Cir.2009), and we deny the petition for review.

The BIA did not abuse its discretion in denying Bhatti’s motion to reopen, where Bhatti failed to demonstrate a change in country conditions in Pakistan. See 8 C.F.R. § 1003.2 (c)(3)(ii); Lin, 588 F.3d at 988-89 (BIA did not abuse its discretion in denying a motion to reopen where the evidence submitted was consistent with evidence presented to the IJ, and did not show any change in country conditions). Bhatti’s contention that the BIA applied an incorrect legal standard in ruling on his motion to reopen is not supported by the record.

We reject Bhatti’s contention that the BIA overlooked some of his evidence, because he has not overcome the presumption that the BIA reviewed the record in its entirety. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006). Contrary to Bhatti’s contention, there is no indication…

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