Hussain
Hussain v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Zahid Hussain, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings (No. 05-70453). Hussain and his wife, Ta-lat, petition for review of the BIA’s denial of their motion to reconsider the denial of Hussain’s motion to reopen (No. 05-71745). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and reconsider. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). In No. 05-70453, we deny petition for review, and in No. 05-71745, we deny in part and dismiss in part the petition for review.
In No. 05-70453, the BIA did not abuse its discretion in denying Hussain’s motion to reopen as untimely because he filed it nearly two years after the BIA issued its final order, see 8 C.F.R. § 1003.2 (c)(2), and Hussain failed to demonstrate changed circumstances in Pakistan to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed…