Youssef Salman Saleh 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NOT FOR PUBLICATION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
YOUSSEF SALMAN SALEH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70274
Agency No. A078-175-593
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Youssef Salman Saleh, a native and citizen of Lebanon, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252.
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70274 2
Reviewing for abuse of discretion, Najmabadi v. Holder, 597 F.3d 983, 986 (9th
Cir. 2010), we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Saleh’s motion to reopen
because he failed to demonstrate changed circumstances in Lebanon to satisfy the
requirements of 8 C.F.R. § 1003.2(c)(3)(ii). See id. at 990; see also Malty v.
Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is . . . whether
circumstances have changed sufficiently that a petitioner who previously did not
have a legitimate claim for asylum now has a well-founded fear of future
persecution.”). Saleh’s contention that the BIA violated due process by denying
his motion to reopen without evaluating all the evidence is unavailing. See
Najmabadi, 597 F.3d at 990-91.
We lack jurisdiction to consider whether the BIA should have invoked its
sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153,
1159 (9th Cir. 2002).
Saleh’s remaining contention is unavailing. See Dada v. Mukasey, 554 U.S.
1, 128 S. Ct. 2307, 2319 (2008) (an alien may withdraw his application for
voluntary departure only if his voluntary departure period has not yet expired).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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