Ganesh Gurung v. Eric Holder, Jr.

474 F. App'x 701

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 24, 2012
• Docket: 09-73837
• Status: Unpublished

Opinion

MEMORANDUM **

Ganesh Bahadur Gurung, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the 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 Gurung’s motion to reopen as untimely because the motion was filed over five years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Gurung did not establish prima facie eligibility for relief, see Toufighi, 538 F.3d at 996-97 (evidence must demonstrate prima facie eligibility for relief warranting reopening based on changed country conditions).

We reject Gurung’s challenges to the underlying denial of relief by the immigration judge and the BIA, because those issues were decided by the court in Gurung v. Gonzales, 168 Fed.Appx. 216 (9th Cir.2006).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.