Matoosian

Matoosian v. Gonzales

Good Law
136 F. App'x 984
United States Court of Appeals for the Ninth CircuitJune 29, 2005No. 04-73478California268 words

Opinion

Lead Opinion

MEMORANDUM ***

Arosak Khanom Matoosian, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of her motion to reopen. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen. See Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999). We deny the petition for review.

The IJ did not abuse his discretion in denying Matoosian’s motion to reopen based on changed country conditions in Iran where the reports on religious freedom Matoosian submitted concerned events that occurred prior to her merits hearing, and Matoosian failed to demonstrate that evidence of those events was unavailable at the time of that hearing. See INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992) (holding that a motion to reopen may be denied for failure to introduce previously unavailable evidence).

Furthermore, the IJ properly determined that the Department of State travel advisories and periodical articles Matoosian provided,…

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