Allavi

MEMORANDUM **

Khalil Ahmad Allavi, a native and citizen of Afghanistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming, without opinion, an immigration judge’s denial of his second motion to reopen his removal proceedings. Because the BIA affirmed the IJ’s denial of Allavi’s second motion to reopen without a separate opinion, we review the IJ’s decision for an abuse of discretion. See Chete Juarez v. Ashcroft, 376 F.3d 944, 947 (9th Cir.2004). We have jurisdiction under 8 U.S.C. § 1252 . Id. We deny in part and grant in part the petition for review.

The IJ did not abuse her discretion in denying Petitioner’s motion to seek reopening to apply for relief under the Convention Against Torture (“CAT”) because Petitioner failed to file the motion to reopen before June 21, 1999, see 8 C.F.R. § 208.18 (b)(2)(I), and failed to establish a prima facie case for withholding of removal under the CAT, see 8 C.F.R. § 208.18 (b)(2)(ii), because he did not demonstrate that it is “more likely than not” that he would be tortured if removed to Afghanistan. See 8 C.F.R. § 208.16 (c)(2); Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003).

The IJ did abuse her…