Balachandran
Balachandran v. Holder
Opinion
Lead Opinion
MEMORANDUM *
Shirlene Balachandran, a native and citizen of Sri Lanka, petitions for review of the Board of Immigration Appeals’ (“BIA”) August 8, 2006, dismissal of an appeal from the Immigration Judge’s (“IJ”) denial of her motion to reopen. She also petitions for review of the BIA’s June 26, 2007, denial of her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(5). See Toufighi v. Mukasey, 538 F.3d 988, 990 (9th Cir.2008). We deny each of the petitions for review.
1. The BIA did not abuse its discretion in its August 8, 2006, decision because the evidence Balachandran submitted in support of her motion to reopen did not establish that “circumstances have changed sufficiently [such] that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.” See Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). Although Balachandran presented evidence of escalated violence in Sri Lanka and evidence that Mr. Pararajasingham, a Sri Lankan politician who was her husband’s cousin and close friend, was murdered, the new evidence did not demonstrate that Balachandran herself was objectively subject to future…