Eftekhary

MEMORANDUM **

Petitioner Eftekhary seeks review of a Board of Immigration Appeals (Board) order denying his motion to reopen his deportation proceedings. Eftekhary contends in his petition that the Board abused its discretion by denying his motion despite new evidence of changed country conditions in Iran, by declining to exercise its sua sponte power to reopen, and by refusing to reopen under the Convention on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Torture Convention), June 26, 1987, 1465 U.N.T.S. 85 (1988). Except as otherwise provided, we have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 § 309(c), and we deny the petition for review.

The Board did not abuse its discretion by determining that Eftekhary’s motion did not furnish new evidence of changed country conditions sufficient to satisfy 8 C.F.R. § 3.2 (c)(3)(ii). Under section 3.2(c), new evidence of changed country conditions only justifies reopening deportation proceedings if Eftekhary can establish a prima facie case for asylum. INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988).…