Mohammed Ashraf v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION MAR 14 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MOHAMMED ASHRAF, No. 08-72731 Petitioner, Agency No. A093-155-300 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2013 ** San Francisco, California Before: WALLACE, McKEOWN, and IKUTA, Circuit Judges. Ashraf petitions for review of the Board of Immigration Appeals’ (Board) denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(b), and we deny the petition. * 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). The Board did not abuse its discretion when it denied Ashraf’s motion to reopen. See Iturribarria v. I.N.S., 321 F.3d 889, 894 (9th Cir. 2003). Ashraf’s motion was untimely. See 8 U.S.C. § 1229a(c)(7)(C)(i). Ashraf did not show that the conditions in Pakistan, insofar as they related to his circumstances, had materially worsened since the time the Board denied his application for cancellation of removal, and therefore he did not qualify for the “changed country conditions” exception to the filing deadline. See id. §§ (i), (ii); 8 C.F.R. § 1003.2(c)(3)(ii). PETITION DENIED. 2