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Iqbal v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
485 F. App'x 255 (9th Cir. 2012)

Opinion

No. 10-73140 Agency No. A043-589-992

10-12-2012

SAJID IQBAL, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Sajid Iqbal, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. We have jurisdiction under 8 C.F.R. § 1252. We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Iqbal's motion to reopen as untimely where the motion was filed almost four years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and Iqbal failed to present evidence that constituted a material change in Pakistan, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi, 538 F.3d at 996 (requiring movant to produce material evidence with motion to reopen that conditions in country of nationality had changed). Further, we reject Iqbal's contention that the BIA did not adequately review the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the presumption that the BIA reviewed the record). Further, Iqbal's contention that the BIA did not conduct an individualized analysis of country conditions is belied by the record.

Finally, we reject Iqbal's request for judicial notice. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).

PETITION FOR REVIEW DENIED.


Summaries of

Iqbal v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
485 F. App'x 255 (9th Cir. 2012)
Case details for

Iqbal v. Holder

Case Details

Full title:SAJID IQBAL, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 12, 2012

Citations

485 F. App'x 255 (9th Cir. 2012)