Mohammed Ashraf v. ERIC H. HOLDER, Jr., Attorney General

08-72731Court of Appeals for the Ninth CircuitMar 14, 2013

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOHAMMED ASHRAF,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72731
Agency No. A093-155-300
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
San Francisco, California
Before: WALLACE, McKEOWN, and IKUTA, Circuit Judges.
Ashraf petitions for review of the Board of Immigration Appeals’ (Board)
denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(b), and
we deny the petition.
FILED
MAR 14 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
The Board did not abuse its discretion when it denied Ashraf’s motion to
reopen. See Iturribarria v. I.N.S., 321 F.3d 889, 894 (9th Cir. 2003). Ashraf’s
motion was untimely. See 8 U.S.C. § 1229a(c)(7)(C)(i). Ashraf did not show that
the conditions in Pakistan, insofar as they related to his circumstances, had
materially worsened since the time the Board denied his application for
cancellation of removal, and therefore he did not qualify for the “changed country
conditions” exception to the filing deadline. See id. §§ (i), (ii); 8 C.F.R. §
1003.2(c)(3)(ii).
PETITION DENIED.

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