Hafiz

Hafiz v. Ashcroft

Good Law
103 F. App'x 199
United States Court of Appeals for the Ninth CircuitJune 28, 2004Nos. 02-72728, 03-70727California365 words

Opinion

Lead Opinion

MEMORANDUM **

The Hafiz family seeks review of the Board of Immigration Appeals’ (“BIA”) denials of their motion for reconsideration and motion to reopen deportation proceedings. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147 (9th Cir. 1997), we have jurisdiction under 8 U.S.C. § 1105a. We review for an abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002), and we deny the petitions.

The BIA did not abuse its discretion by denying the motion for reconsideration, because the motion failed to specify errors of fact or law in the IJ’s decision. See 8 C.F.R. § 3.2 (b)(1) (stating that a motion for reconsideration “shall state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority”). Additionally, the BIA did not abuse its discretion by denying petitioners’ motion to reopen because (1) it was filed more than 90 days after the BIA’s final order of deportation; and (2) it did not present changed circumstances in Fiji. See 8 C.F.R. § 3.2 (c)(2); Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002) (indicating that a motion to reopen must be filed…

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