Medhat Habib v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION AUG 14 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MEDHAT A. HABIB, No. 09-73850 Petitioner,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