Aghabobian

Aghabobian v. Gonzales

Good Law
150 F. App'x 739
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-71916California259 words

Opinion

Lead Opinion

MEMORANDUM **

Vaneek Aghabobian, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s denial of his motion to reopen removal proceedings conducted in absentia. We *740 have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review.

The BIA did not abuse its discretion in denying Aghabobian’s motion to reopen as untimely to the extent the motion sought to rescind the removal order based on exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C) (requiring a motion to reopen based on exceptional circumstances to be filed within 180 days after the removal order).

The BIA was also within its discretion in denying Aghabobian’s motion to reopen based on changed conditions in Iran. The new evidence does not demonstrate a change in conditions that is material to Aghabobian’s personal circumstances. See Konstantinova, 195 F.3d at 530 (upholding denial of a motion to reopen where new evidence was too general to demonstrate well-founded fear); 8 C.F.R. §…

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