Mousavi

Mousavi v. Mukasey

Good Law
261 F. App'x 976
United States Court of Appeals for the Ninth CircuitDecember 28, 2007Nos. 04-76032, 06-73362California319 words

Opinion

Lead Opinion

MEMORANDUM ***

Seyed Abbas Mousavi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (BIA) orders denying his first (No. 04-76032), and his second (No. 06-73362) motion to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion. Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). We deny the petitions for review.

The BIA did not abuse its discretion in denying Mousavi’s first motion to reopen as untimely because it was filed more than 90 days after the final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and Mousavi *977 failed to demonstrate prima facie eligibility for asylum, see Malty, 381 F.3d at 947 ; Limsico v. INS, 951 F.2d 210, 213-14 (9th Cir.1991) (where the petitioner has had a hearing, it is appropriate for the BIA to view and interpret the “new” evidence at face value).

The BIA did not abuse its discretion in denying Mousavi’s second motion to reopen as both number and time barred because Mousavi had previously filed a motion to reopen, see 8 C.F.R. § 1003.2 (c)(2); the second motion was filed more than 90 days after the final order of removal, see id.; and Mousavi…

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