Rrafman Koci v. Jefferson Sessions

FILED
NOT FOR PUBLICATION
NOV 16 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RRAFMAN KOCI, No. 12-70998
Petitioner, Agency No. A075-682-288
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 7, 2017**
Pasadena, California
Before: REINHARDT, GILMAN,*** and WARDLAW, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Ronald Lee Gilman, United States Circuit Judge for
the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
Rrafman Koci, a native and citizen of Albania, petitions for review of the
Board of Immigration Appeals’s (BIA) denial of his third motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition.
The BIA did not abuse its discretion in denying Koci’s third motion to
reopen. Ordinarily, “a party may file only one motion to reopen deportation or
exclusion proceedings . . . and that motion must be filed no later than 90 days after
the date on which the final administrative decision was rendered . . . .” 8 C.F.R. §
1003.2(c)(2). A statutory exception is available, however, if the petitioner presents
evidence that is “material and was not available and could not have been
discovered or presented at the previous hearing.” Id. § 1003.2(c)(3)(ii).
Koci’s third motion to reopen is both untimely and successive. Moreover,
Koci has failed to demonstrate a material change of conditions in Albania that
would entitle him to the statutory exception. The publication of our 2008
memorandum disposition on the Internet is not material to Koci’s application for
relief because Koci has not demonstrated that the publication increased his risk of
harm in Albania. Nor are the news articles attached to Koci’s motion material.
Although they demonstrate that tensions between democrats and socialists
continue, they do not establish a material change in Albania. Even more
importantly, however, Koci has not presented evidence that negates the
2
Immigration Judge’s initial adverse credibility finding, which we affirmed in a
prior appeal. Koci v. Mukasey, 270 F. App’x 644 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3