Khursheed

Khursheed v. Gonzales

Good Law
229 F. App'x 500
United States Court of Appeals for the Ninth CircuitApril 23, 2007Nos. 05-73682, 05-74946California334 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Kashif Khursheed, a native and citizen of Pakistan, seeks review of the Board of Immigration Appeals’ (“BIA”) May 24, 2005 order denying his motion to reopen and to remand to the Immigration Judge to apply for adjustment of status and its August 3, 2005 order denying his motion to reconsider. We review for an abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Khursheed’s motion to remand for adjustment of status premised on a marriage to a United States citizen that occurred during removal proceedings where Khursheed did not provide sufficient evidence indicating a strong likelihood that his marriage is bona fide. See Malhi v. INS, 336 F.3d 989, 994 (9th Cir.2003) (holding that if an alien does not provide certain documents establishing that the marriage was not entered into for the purpose of evading the immigration laws, the motion to reopen may be denied).

The BIA did not abuse its discretion in characterizing Khursheed’s motion to reconsider as…

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