Assaad

MEMORANDUM **

Ehab Assaad, a native and citizen of Egypt, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen deportation proceedings. 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, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002), and we deny the petition for review.

The BIA did not abuse its discretion by denying Assaad’s untimely motion to reopen because the evidence supporting the motion did not establish prima facie eligibility for asylum or withholding of deportation based upon changed country conditions. See 8 C.F.R. §§ 1003.2 (c)(1) & (c)(3)(h); INS v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen if “the movant has not established a prima facie case for the underlying substantive relief sought”). Assaad’s contention that conditions in Egypt for Coptic Christians have worsened is contradicted by the State Department report from 2002 submitted with his motion to reopen. Assaad therefore failed to establish a well-founded fear of…