Masood
Masood v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ****
Ahmed Masood and Shamsuda Begum petition for review of the decision of the Board of Immigration Appeal (“BIA”) denying their application for asylum, withholding of deportation, and suspension of deportation. Because the facts are known to the parties, we do not recite them here. The transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 govern Petitioners’ appeal. 1 Thus, we have jurisdiction pursuant to 8 U.S.C. § 1105a (1996). We deny the petition in part and dismiss the petition in part for lack of jurisdiction.
As an initial matter, Petitioners urge us to evaluate new evidence. 2 This we decline to do. Because Petitioners previously moved to reopen before the BIA on different grounds, they are clearly aware that a motion to reopen is the appropriate procedure to bring such evidence to the attention of the BIA. Petitioners did not move to reopen on the basis of this evidence; thus we cannot conclude that the BIA abused its discretion in failing to consider it. 3 Accordingly, our analysis proceeds without consideration of the materials submitted for the first time on appeal.