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No. 8625771
United States Court of Appeals for the Ninth Circuit
Salem v. Gonzales
No. 8625771 · Decided November 9, 2006
No. 8625771·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 9, 2006
Citation
No. 8625771
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ahmed Ali Nasser Salem, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002), and we deny the petition for review. The BIA did not abuse its discretion by denying Salem’s motion because Salem failed to provide evidence, such as affidavits, to support the factual assertions in his motion. See 8 C.F.R. § 1003.23 (b)(3) (a motion to reopen “shall be supported by affidavits and other evidentiary material”); cf. Salta, 314 F.3d at 1079 . PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Ahmed Ali Nasser Salem, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his motion to reopen.
Key Points
01MEMORANDUM ** Ahmed Ali Nasser Salem, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his motion to reopen.
02We review for abuse of discretion the denial of a motion to reopen, Salta v.
03INS, 314 F.3d 1076, 1078 (9th Cir.2002), and we deny the petition for review.
04The BIA did not abuse its discretion by denying Salem’s motion because Salem failed to provide evidence, such as affidavits, to support the factual assertions in his motion.
Frequently Asked Questions
MEMORANDUM ** Ahmed Ali Nasser Salem, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s decision denying his motion to reopen.
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This case was decided on November 9, 2006.
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