Beheshti

MEMORANDUM ***

Daniel Beheshti, a native of Iran and a citizen of Germany, petitions for review of two separate decisions of the Board of Immigration Appeals (“BIA”). In No. 03-74206, Beheshti petitions for review of the BIA’s decision affirming the Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and cancellation of removal. In No. 05-72434, Beheshti petitions for review of the BIA’s denial of his motion asking the BIA to reopen and reconsider its decision affirming the IJ in No. 03-74206. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 .

*686 Beheshti last entered the United States on November 19, 1997, as a nonimmigrant student with authorization to attend the Community College of Southern Nevada, in Las Vegas, Nevada. On or about January 7, 2000, the former Immigration and Naturalization Service (“INS”) issued a notice to appear (“NTA”) charging Beheshti as removable under sections 212(a)(6)(I), 237(a)(1)(A), and 237(a)(l)(C)(I) of the Immigration and Nationality Act (“INA”). Beheshti sought relief in the form of cancellation of removal under INA § 240A(b)(2), the so-called Special Rule Battered Spouse/Child provisions of the…

concurring:

I concur in the result.