FRANCIS MALOUF V. ERIC HOLDER, JR., No. 09-72030 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANCIS SALEM MICHAEL MALOUF, a.k.a. Fransis Barrac, a.k.a. David Earl Ervin, a.k.a. Francis Maalouf, No. 09-72030 Agency No. A020-873-550 Petitioner, MEMORANDUM * v. 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. Francis Salem Michael Malouf, a native of Palestine and citizen of Jordan, petitions for review of the Board of Immigration Appeals ( BIA ) order denying * 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). his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. The BIA did not abuse its discretion in denying Malouf s motion to reopen where Malouf failed to demonstrate materially changed circumstances in Jordan. See 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. ); Matter of A-N- & R-M-N, 22 I & N Dec. 953, 954 (BIA 1999) (an alien who has not shown reasonable cause for his absence from his removal hearing must show materially changed circumstances for a motion to reopen to be granted). PETITION FOR REVIEW DENIED. 2 09-72030

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