Khoury

MEMORANDUM *

Two petitions for review have been consolidated in this matter. The first petition challenging the Board of Immigration Appeals’s (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of asylum and withholding of deportation to petitioners Rania, Natalia and Nancy Khoury, is denied. 1 The second petition challenging the BIA’s denial of Nancy Khoury’s motion to reopen for lack of timeliness, is granted.

We review the BIA’s decision that an alien has not established eligibility for asylum under the substantial evidence standard. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004). Here, because the BIA summarily affirmed the IJ’s determination that petitioners were ineligible for asylum without performing an independent review, we review the IJ’s decision. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). Under the substantial evidence standard, findings by the IJ will be upheld unless the evidence compels a contrary result. Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004).

The BIA’s decision regarding an applicant’s motion to reopen is reviewed for an abuse of discretion. INS v. Doherty, 502 U.S. 314, 324 , 112 S.Ct. 719 , 116 L.Ed.2d 823…