Grigorove

Grigorove v. Gonzales

Good Law
135 F. App'x 916
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 03-74401California342 words

Opinion

Lead Opinion

MEMORANDUM ***

Roumen Todorov Grigorove, a native and citizen of Bulgaria, petitions for review *917 of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen to submit a new asylum application based on changed circumstances. Because the transitional rules apply, we have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). 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 dismiss in part and deny in part the petition for review.

Grigorove filed three prior motions and filed the instant motion more than four years after the BIA’s original decision. In addition, the evidence Grigorove offered with his instant motion sought to establish the prevalence of torture in Bulgaria but did not address the BIA’s original finding that Grigorove did not have a well-founded fear of persecution subsequent to the Socialist party leaving power. Accordingly, the BIA did not abuse its discretion in denying Grigorove’s motion to reopen as he failed to meet the time and numerical requirements of 8 C.F.R. § 1003.2 (c)(2) and did not demonstrate changed…

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