OSMAN KHAN V. ERIC HOLDER, JR., No. 09-71183 (9th Cir. 2012)
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FILED JUL 02 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT OSMAN KHAN, No. 09-71183 Petitioner, Agency No. A070-810-550 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Osman Khan, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for * 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). an abuse of discretion the BIA s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review. The BIA did not abuse its discretion in denying Khan s motion to reopen, based on ineffective assistance of counsel, on the grounds that some of the evidence Khan submitted was previously available, see Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir. 2003), and that Khan failed to establish prejudice with respect to the attorney who filed the previous motion to reopen, see Lara-Torres v. Ashcroft, 383 F.3d 968, 973 (9th Cir. 2004). The BIA also did not abuse its discretion in denying Khan s untimely motion to reopen as, see 8 C.F.R. § 1003.2(c)(2), because Khan failed to present sufficient evidence of changed circumstances in Bangladesh to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) ( The critical question is . . . whether 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. ). We reject Khan s contention that the BIA s analysis of his claim that he will be persecuted for marrying a Catholic U.S. citizen was insufficient. See 2 09-71183 Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) ( [t]he [BIA] does not have to write an exegesis on every contention ) (internal quotes omitted). PETITION FOR REVIEW DENIED. 3 09-71183
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