Francis Salem Michael Malouf, a.k.a. Fransis Barrac, a.k.a. David Earl Ervin, a.k.a.… v. ERIC H. HOLDER, Jr., Attorney General

09-72030Court of Appeals for the Ninth Circuit23 apr 2012

Testo completo

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NOT FOR PUBLICATION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
FRANCIS SALEM MICHAEL
MALOUF, a.k.a. Fransis Barrac, a.k.a.
David Earl Ervin, a.k.a. Francis Maalouf,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72030
Agency No. A020-873-550
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Francis Salem Michael Malouf, a native of Palestine and citizen of Jordan,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-72030 2
his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.
§ 1252. We deny the petition for review.
The BIA did not abuse its discretion in denying Malouf’s motion to reopen
where Malouf failed to demonstrate materially changed circumstances in Jordan.
See 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.”); Matter of A-N- & R-M-N, 22 I & N Dec. 953, 954 (BIA
1999) (an alien who has not shown reasonable cause for his absence from his
removal hearing must show materially changed circumstances for a motion to
reopen to be granted).
PETITION FOR REVIEW DENIED.

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