FILED
NOT FOR PUBLICATION AUG 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MEDHAT A. HABIB, No. 09-73850
Petitioner, Agency No. A070-084-397
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Medhat A. Habib, a native and citizen of Egypt, 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 Habib’s motion to reopen as
untimely where the motion was filed over 12 years after the September 30, 1996
deadline, see 8 C.F.R. § 1003.2(c)(2), and Habib failed to present sufficient
evidence of changed circumstances in Egypt of individualized relevancy to him 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); Najmabadi v. Holder, 597 F.3d 983, 987-90 (9th
Cir. 2010).
PETITION FOR REVIEW DENIED.
2 09-73850