Hassan Anawarul v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION MAY 15 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HASSAN ANAWARUL, Nos. 08-72747 09-74072 Petitioner, Agency No. A070-914-854 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted May 8, 2013 Pasadena, California Before: O’SCANNLAIN, PAEZ, and IKUTA, Circuit Judges. Anawarul Hassan, a native and citizen of Bangladesh, petitions for review of two decisions of the Board of Immigration Appeals (BIA). The first dismissed his appeal of an Immigration Judge’s denial of Hassan’s first untimely motion to reopen. The second denied Hassan’s second untimely motion to reopen. We have jurisdiction over his petitions under 8 U.S.C. § 1252(a)(1). The denial of a motion * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. to reopen is reviewed for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). The BIA did not abuse its discretion in denying Hassan’s motions to reopen where the motions were filed more than twelve years after the order of removal and Hassan has failed to demonstrate changed country conditions in Bangladesh. 8 U.S.C. § 1229a(c)(7); see also 8 C.F.R. §§ 1003.2, 1003.23. To the extent Hassan argues that there were changed country conditions because his marriage to Shira Hussain renders him a member of a particular social group, he did not exhaust this claim before the BIA and we have no jurisdiction to review it. 8 U.S.C. § 1252(d)(1). PETITIONS FOR REVIEW DENIED IN PART; DISMISSED IN PART.