Ebrahim Kalatehe v. Eric Holder
Opinion
Opinion
MEMORANDUM
Ebrahim Kalatehe, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.
The BIA did not abuse its discretion in denying Kalatehe’s motion as untimely because the motion was filed over four years after the agency’s final order, see 8 C.F.R. § 1003.2 (c)(2), and the BIA considered the record and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for deferral of removal under the Convention Against Torture. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir.2006) (“vague and conclusory allegations” insufficient to establish prima fa- cie eligibility). We reject Kalatehe’s contentions that the BIA failed to consider or inadequately considered evidence, and that the BIA applied the wrong legal standard.