Thomas Amanuel v. Jefferson Sessions, III

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

THOMAS TEDROS AMANUEL, a.k.a. No. 15-73486 Thomas T. Amanuel, a.k.a. Thomas Amanuel Tedros, a.k.a. Thomas Johnny Agency No. A025-303-038 Tedros,

Petitioner, MEMORANDUM*

v.

JEFFERSON B. SESSIONS III, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Thomas Tedros Amanuel, a native and citizen of Ethiopia, 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

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). review for an abuse of discretion the denial of a motion to reopen. Najmabadi v.

Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion by denying Amanuel’s second untimely

motion to reopen where Amanuel failed to present evidence of materially changed

country conditions in Eritrea to qualify for the regulatory exception to the time and

number limitations for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(2)-(3);

Najmabadi, 597 F.3d at 987 (in order for evidence to be material, it must be

qualitatively different from the evidence presented at the previous hearing).

Because this determination is dispositive of Amanuel’s motion to reopen, we do

not reach his contention that the BIA applied the wrong legal standard when

analyzing whether Amanuel established prima facie eligibility for relief.

Finally, we reject as unsupported by the record Amanuel’s contention that

the BIA failed to consider his claim that he would be persecuted or tortured on

account of his religion.

PETITION FOR REVIEW DENIED.

2 15-73486