Opinion
No. 09-70153.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 28, 2011.
Hani S. Bushra, Westminster, CA, for Petitioner.
Jamie M. Dowd, Esquire, OIL, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A099-397-442.
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Magdy Wadie Saleeb Hanna, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to re-open. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir. 2004), and we deny the petition for review.
The BIA did not abuse its discretion by denying Hanna's motion to reopen because the motion failed to comply with the requirements set forth in Matter of Lozada, 19 I. N. Dec. 637, 639 (BIA 1988). See Azanor, 364 F.3d at 1023 (noting that failure to comply with Lozada is significant where the facts underlying petitioner's claim were not plain on the face of the record).
PETITION FOR REVIEW DENIED.