Nisar Mohammad 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).
JK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NISAR MOHAMMAD,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72220
Agency No. A093-057-269
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Nisar Mohammad, 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
FILED
MAR 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JK/Research 07-72220 2
abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d
889, 894 (9th Cir. 2003). We deny the petition for review.
The BIA did not abuse its discretion in denying Mohammad’s motion to
reopen as untimely where the motion was filed over two years after the BIA’s final
decision, see 8 C.F.R. § 1003.2(c)(2), and Mohammad failed to establish changed
circumstances in Pakistan to qualify for the regulatory exception to the time
limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d
988, 996-97 (9th Cir. 2008) (underlying adverse credibility determination rendered
evidence of changed circumstances immaterial).
Mohammad’s contention that the BIA failed to consider the evidence
submitted with the motion to reopen fails, because he has not overcome the
presumption that the BIA did review the record. See Fernandez v. Gonzales, 439
F.3d 592, 603 (9th Cir. 2006). Mohammad’s contention that the BIA failed to
explain its reasons for its decision to deny the motion to reopen is belied by the
record.
PETITION FOR REVIEW DENIED.

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