Ghayoor Khan v. Eric Holder, Jr.

MEMORANDUM

Ghayoor Khan, a native and citizen of Pakistan, 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 abuse of discretion, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Khan’s motion to reopen as untimely where the motion was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Khan failed to present sufficient material, previously unavailable evidence of changed circumstances in Pakistan to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.2008) (BIA did not abuse its discretion where evidence of changed country conditions was not material to petitioner’s claim, and petitioner failed to establish a prima facie case for asylum); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have…