Sajid Iqbal 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NOT FOR PUBLICATION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
SAJID IQBAL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73140
Agency No. A043-589-992
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Sajid Iqbal, a native and citizen of Pakistan, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We
have jurisdiction under 8 C.F.R. § 1252. We review for abuse of discretion the
FILED
OCT 12 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73140 2
denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.
2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Iqbal’s motion to reopen as
untimely where the motion was filed almost four years after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and Iqbal failed to present evidence that constituted a
material change in Pakistan, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi, 538
F.3d at 996 (requiring movant to produce material evidence with motion to reopen
that conditions in country of nationality had changed). Further, we reject Iqbal’s
contention that the BIA did not adequately review the record. See Fernandez v.
Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the
presumption that the BIA reviewed the record). Further, Iqbal’s contention that the
BIA did not conduct an individualized analysis of country conditions is belied by
the record.
Finally, we reject Iqbal’s request for judicial notice. See Fisher v. INS, 79
F.3d 955, 963 (9th Cir. 1996) (en banc).
PETITION FOR REVIEW DENIED.

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