Narchi

Narchi v. Ashcroft

Good Law
81 F. App'x 152
United States Court of Appeals for the Ninth CircuitNovember 13, 2003No. 02-73763; Agency Nos. A28-958-784, A28-958-785California363 words

Opinion

Lead Opinion

MEMORANDUM ***

Esmat Narchi and her adult daughter Galawazh Nasser Mostofi, natives and citizens of Iran, petition pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen deportation proceedings to reapply for asylum. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002), and deny the petition for review.

The BIA did not abuse its discretion by denying petitioners’ untimely motion to reopen because the evidence supporting the motion did not establish prima facie eligibility for asylum based upon changed country conditions. See 8 C.F.R. § 3.2 (c)(3)(ii). Petitioners’ contention that conditions for Iranians of Kurdish origin have worsened is not supported by the State Department country report provided with their motion. Petitioners further alleged that five members of their extended family have been jailed or arrested and then mistreated because they are Kurds, but they provided no details about the timing or circumstances…

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