ASHRF MOHSEN FAHMY, AKA Ashraf Mohsen Fahmy Mekhael v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ASHRF MOHSEN FAHMY, AKA Ashraf
Mohsen Fahmy Mekhael,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-72967
Agency No. A088-115-587
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Ashrf Mohsen Fahmy, a native and citizen of Egypt, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to reopen removal
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
* 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).
FILED
SEP 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-72967
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 the petition for review.
The agency did not abuse its discretion in denying Fahmy’s motion to
reopen as untimely where he filed it more than nine years after the IJ’s final
removal order, see 8 C.F.R. § 1003.23(b)(4)(ii), and where he failed to demonstrate
materially changed country conditions in Egypt to qualify for an exception to the
time limitation for motions to reopen, see 8 C.F.R. § 1003.23(b)(4)(i); Najmabadi,
597 F.3d at 990-91 (evidence must be “qualitatively different” to warrant
reopening). We reject as unsupported by the record Fahmy’s contention that the
agency did not properly evaluate all of his evidence and ignored his arguments.
PETITION FOR REVIEW DENIED.

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