Medhat A. Habib v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MEDHAT A. HABIB,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73850
Agency No. A070-084-397
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Medhat A. Habib, a native and citizen of Egypt, 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
FILED
AUG 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73850 2
an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v.
Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.
The BIA did not abuse its discretion in denying Habib’s motion to reopen as
untimely where the motion was filed over 12 years after the September 30, 1996
deadline, see 8 C.F.R. § 1003.2(c)(2), and Habib failed to present sufficient
evidence of changed circumstances in Egypt of individualized relevancy to him to
qualify for the regulatory exception to the time limit for filing motions to reopen,
see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 987-90 (9th
Cir. 2010).
PETITION FOR REVIEW DENIED.

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