MONZUR AHMED V. ERIC H. HOLDER JR., No. 08-73179 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MONZUR AHMED, No. 08-73179 Petitioner, Agency No. A075-499-776 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Monzur Ahmed, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his second motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny * 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). the petition for review. The BIA did not abuse its discretion in denying Ahmed s second motion to reopen as numerically-barred and untimely where it was filed over five years after the BIA s final order, see 8 C.F.R. § 1003.2(c)(2), and Ahmed failed to demonstrate materially changed circumstances in Bangladesh to qualify for the regulatory exception to the time and number limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97. PETITION FOR REVIEW DENIED. 2 08-73179

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