Hassani
Hassani v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Seyed Mehdi Hassani (“Hassani”), a native and citizen of Iran, appeals the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Hassani’s application was based on the persecution he allegedly suffered as a result of his homosexuality. The IJ denied Hassani’s application because she found that he was not credible.
Hassani also appeals the BIA’s denial of his motion to reopen asylum proceedings. Hassani argues that changed circumstances, namely his conversion from Islam to Christianity, constitutes an exception to the timeliness requirement set forth in 8 C.F.R. § 1003.2 (c)(3)(h). The BIA found that changes in personal circumstances do not fall under the exception and denied the motion as untimely.
We have jurisdiction under 8 U.S.C. § 1252 . With respect to Hassani’s petition for review of the denial of his application for asylum (No. 04-73139), we grant the petition and remand to the IJ for a new hearing. With respect to Hassani’s motion to reopen, we dismiss the petition (No. 06-72307) as moot.