Mohammed Kafiullah Khan; Feroza Kahn; Nazli Khan; Faizan Khan; Usman Khan v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOHAMMED KAFIULLAH KHAN;
FEROZA KAHN; NAZLI KHAN;
FAIZAN KHAN; USMAN KHAN,
Petitioners,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 11-71747
Agency Nos. A097-548-943
A097-548-944
A097-548-945
A097-548-946
A097-548-947
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2018**
Seattle, Washington
Before: RAWLINSON and CHRISTEN, Circuit Judges, and BENCIVENGO,***
District Judge.
FILED
MAR 09 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Cathy Ann Bencivengo, United States District Judge
for the Southern District of California, sitting by designation.

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Muhammad Kafiullah Khan, a native and citizen of Pakistan, petitions for
review of the Board of Immigration Appeals (BIA) decision denying his motion to
reopen based on a change in country conditions in Pakistan after the date of Khan’s
asylum hearing.1 Reviewing for abuse of discretion, we affirm. See Martinez-
Hernandez v. Holder, 778 F.3d 1086, 1088 (9th Cir. 2015) (reviewing the denial of
a motion to reopen for an abuse of discretion).
The BIA denied the motion to reopen primarily on the basis that the motion
was based on “incidents or threats that occurred prior to [Khan’s] departure from
Pakistan.” See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016)
(noting that the petitioner must demonstrate “that circumstances have changed
sufficiently that a petitioner who previously did not have a legitimate claim for
asylum now has a well-founded fear of future persecution”) (emphasis added)
(citation omitted).
The BIA also noted that the news articles submitted by Khan reported recent
incidents of violence at the Pakistan-Afghanistan border, with no showing that
these incidents relate in any way to Khan or his family members. See id.
(concluding that evidence of general violence does not suffice to establish changed
1 The claims of Khan’s wife and children are deriviative of his claim and
succeed or fail accordingly.
2

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country conditions directed toward the group of which the petitioner is a member).
We cannot say that this determination by the BIA was arbitrary, irrational or
contrary to law. See Martinez-Hernandez, 778 F.3d at 1088.
PETITION DENIED.
3

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