FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AZIZ AHMED BABUL, No. 08-73574
Petitioner, Agency No. A070-925-813
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Aziz Ahmed Babul, 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).
abuse of discretion the denial of a motion to reopen, Lin v. Holder, 588 F.3d 981,
984 (9th Cir. 2009), and we deny the petition for review.
The BIA did not abuse its discretion by denying Babul’s motion as untimely
because he filed the motion more than two years after the BIA’s final order of
removal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90
days of removal order), and failed to establish prima facie eligibility for the relief
sought, see Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (evidence must
demonstrate prima facie eligibility for relief in order to reopen proceedings based
on changed country conditions). Babul’s contentions that the BIA failed to accept
the facts in his sworn declaration as true and made an impermissible credibility
determination when assessing the evidence submitted with his motion to reopen are
belied by the record.
PETITION FOR REVIEW DENIED.
2 08-73574