Monzur Ahmed v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION APR 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MONZUR AHMED, No. 08-73179
Petitioner, Agency No. A075-499-776
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Monzur Ahmed, a native and citizen of Bangladesh, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his second motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of
discretion, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny
*
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 petition for review.
The BIA did not abuse its discretion in denying Ahmed’s second motion to
reopen as numerically-barred and untimely where it was filed over five years after
the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Ahmed failed to
demonstrate materially changed circumstances in Bangladesh to qualify for the
regulatory exception to the time and number limitation, see 8 C.F.R.
§ 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97.
PETITION FOR REVIEW DENIED.
2 08-73179