Nouri

Nouri v. Gonzales

Good Law
171 F. App'x 56
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-71378California340 words

Opinion

Lead Opinion

MEMORANDUM **

Afshin Nouri, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings, or in the alternative, to reconsider its order affirming without opinion, an immigration judge’s (“IJ”) order denying asylum, withholding of removal and relief under the Convention Against Torture. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the BIA’s denial of motions to reopen or reconsider for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Nouri’s motion to reconsider because he failed to provide any argument in support of his motion, and thereby failed to identify any error of law or fact in the BIA’s previous decision. See 8 C.F.R. § 1003.2 (b)(1); see also Iturribarria v. INS, 321 F.3d 889, 895 (9th Cir.2003). The record does not support Nouri’s contention that he reasserted in his motion to reconsider the legal arguments he raised in his appeal to the BIA.

The BIA did not abuse its discretion in denying Nouri’s motion to…

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