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573 F. App'x 621

Muhammad Parvez v. Eric Holder, Jr.

U.S. Courts of Appeals

Decided May 16, 2014

U.S. Courts of Appeals · decided 2014-05-16

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Toufighi v. Mukasey · He v. Gonzales

Decided 2014-05-16

¶1 MEMORANDUM

¶2 Muhammad Parvez, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

¶3 The BIA did not abuse its discretion in denying Parvez’s motion to reopen because *622 it was untimely, see 8 C.F.R. § 1008.2(c)(2), and Parvez failed to establish materially changed circumstances in Pakistan to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1008.2(c)(3); see also He v. Gonzales, 501 F.3d 1128, 1133 (9th Cir.2007) (The BIA did not abuse its discretion in denying motion where petitioners “provided insufficient support to establish changed circumstances”); Toufighi, 538 F.3d at 996 (setting forth requirements for prevailing on a motion to reopen based on changed country conditions). Contrary to Parvez’s contentions, the BIA did not otherwise abuse its discretion in denying his motion. See Toufighi, 538 F.3d at 992 (“This Court defers to the Board’s exercise of discretion unless it acted arbitrarily, irrationally or contrary to law.”).

¶4 PETITION FOR REVIEW DENIED.

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

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