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Monzur AHMED, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-04-24No. No. 08-73179
472 F. App'x 740

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Opinion

majority opinion

MEMORANDUM

Monzur Ahmed, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion, 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 Ahmed’s second motion to reopen as numerically-barred and untimely where it was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Ahmed failed to demonstrate materially changed circumstances in Bangladesh to qualify for the regulatory exception to the time and number limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97.

PETITION FOR REVIEW DENIED.

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