Rajkumar

Rajkumar v. Ashcroft

Good Law
114 F. App'x 949
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-72543; Agency No. A78-016-185California282 words

Opinion

Lead Opinion

MEMORANDUM **

Mangalajeyanathan Rajkumar, a native and citizen of Sri Lanka, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and deny the petition for review.

The BIA correctly concluded that the news articles Rajkumar submitted with his motion to reopen were not sufficient to establish a material change in conditions in Sri Lanka that would warrant reopening the proceedings to allow him to further pursue his asylum claim. See Nagoulko v. INS, 383 F.3d 1012, 1016 (9th Cir.2003) (alien must adduce “credible, direct, and specific evidence” to demonstrate a reasonable fear of future persecution). Accordingly, the BIA did not abuse its discretion by denying the motion to reopen. See Singh, 213 F.3d at 1052 (no abuse of discretion where BIA’s decision is not arbitrary, irrational or contrary to law).

Rajkumar did not file a timely petition for review from the BIA’s March 2003 order summarily affirming the decision of the Immigration Judge (“U”)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.