Magdy Saleeb Hanna v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION APR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MAGDY WADIE SALEEB HANNA, No. 09-70153
Petitioner, Agency No. A099-397-442
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
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
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
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).
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.
2 09-70153