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No. 8695426
United States Court of Appeals for the Ninth Circuit
Jean v. Lynch
No. 8695426 · Decided November 25, 2015
No. 8695426·Ninth Circuit · 2015·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 25, 2015
Citation
No. 8695426
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Tra Bi Jean, á native and citizen of the Ivory Coast, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal *459 proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s 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 in denying Jean’s untimely motion to reopen because he did not establish materially changed circumstances in the Ivory Coast to overcome the time limitation for motions to reopen. See 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence must be “qualitatively different” to warrant reopening); see also Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.2008) (evidence was not material in light of prior adverse credibility determination). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Tra Bi Jean, á native and citizen of the Ivory Coast, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal *459 proceedings.
Key Points
01MEMORANDUM ** Tra Bi Jean, á native and citizen of the Ivory Coast, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal *459 proceedings.
02We review for abuse of discretion the BIA’s denial of a motion to reopen.
03The BIA did not abuse its discretion in denying Jean’s untimely motion to reopen because he did not establish materially changed circumstances in the Ivory Coast to overcome the time limitation for motions to reopen.
04§ 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence must be “qualitatively different” to warrant reopening); see also Toufighi v.
Frequently Asked Questions
MEMORANDUM ** Tra Bi Jean, á native and citizen of the Ivory Coast, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal *459 proceedings.
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This case was decided on November 25, 2015.
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