Ahmed

Ahmed v. Ashcroft

Good Law
115 F. App'x 379
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-72869; Agency No. A72-522-336California313 words

Opinion

Lead Opinion

MEMORANDUM **

Idris Ahmed, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. 1 To the *380 extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Ahmed’s motion to reopen. The evidence Ahmed offered with his motion to reopen was not specific to his asylum claim, and thus, could not overcome the immigration judge’s adverse credibility determination. Therefore, Ahmed did not establish a prima facie case of eligibility for relief, and his motion to reopen was properly denied. See Carancho v. INS, 68 F.3d 356, 360-61 (9th Cir.1995).

To the extent that Ahmed seeks review of the BIA’s October 1, 2002 decision, we lack jurisdiction. Ahmed did not file a petition for review within 30 days of the BIA’s October 1, 2002 decision as required by 8 U.S.C. § 1252 (b)(1) and his motion to reopen did not toll the filing deadline. See Martinez-Serrano v. INS, 94 F.3d…

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.