Ghobrial
Ghobrial v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Wael Youssef Mykhael Ghobrial, a native and citizen of Egypt, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the denial of a motion to reopen for abuse of discretion. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). We deny the petition for review.
The BIA did not abuse its discretion in denying Ghobrial’s motion to reopen as untimely under 8 C.F.R. § 3.2 (c)(2) (2002), because the record shows, and Ghobrial does not dispute, that the motion was filed on May 3, 2002, more than 90 days after the November 5, 2001 final order of deportation, and Ghobrial has failed to raise any equitable tolling arguments, see Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002), or adequately show changed circumstances in Egypt, see 8 C.F.R. § 1003.2 (c)(3)(ii) (formerly 8 C.F.R. § 3.2 (c)(3)(h)).
To the extent Ghobrial seeks review of the BIA’s November 5, 2001 decision affirming the Immigration Judge’s denial of asylum and withholding of deportation, we lack jurisdiction because the…