Sobhi

MEMORANDUM *

Sobhi Sobhi, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (BIA) decision denying his motion to reopen his application for asylum, his request for withholding of deportation, and his request for relief under the Convention Against Torture (CAT). We have jurisdiction pursuant to former 8 U.S.C. § 1105a, and the transitional rules found in section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996), as amended by Pub.L. No. 104-302, 110 Stat. 3656 (Oct. 11, 1996). We review for abuse of discretion, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and deny the petition for review.

A. Asylum & Withholding

Sobhi contends that the BIA abused its discretion by dismissing his motion to reopen as untimely. He concedes that he filed his motion years past the ordinary filing deadline for motions to reopen asylum and withholding cases, but maintains that he qualified for the “changed circumstances” exception to the normal rule of timeliness. See 8 C.F.R. § 1003.2 (c)(3)(ii) (stating that no time-bar exists for a motion to reopen asylum or…