Mahmud Hussein v. Loretta E. Lynch , 618 F. App'x 303 ( 2015 )

FILED
NOT FOR PUBLICATION
OCT 07 2015
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MAHMUD IBRAHIM HUSSEIN, No. 13-71492
Petitioner, Agency No. A078-358-718
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
San Francisco, California
Before: THOMAS, Chief Judge and HAWKINS and McKEOWN, Circuit Judges.
Mahmud Ibrahim Hussein appeals the Board of Immigration Appeals’
(“BIA”) decision denying his request to reopen his case for asylum or withholding
of removal based upon changed circumstances and country conditions. Because
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the BIA did not abuse its discretion, we deny the petition. See Membreno v.
Gonzalez, 425 F.3d 1227, 1229 (9th Cir. 2005) (en banc).
We review the denial of a motion to reopen proceedings for abuse of
discretion. Velasquez-Escovar v. Holder, 768 F.3d 1000, 1003 (9th Cir. 2014).
“Aliens who seek to remand or reopen proceedings to pursue relief bear a ‘heavy
burden’ of proving that, if proceedings were reopened, the new evidence would
likely change the result in the case.” Shin v. Mukasey, 547 F.3d 1019, 1025 (9th
Cir. 2008) (quoting Matter of Coelho, 20 I. & N. Dec. 464, 473 (BIA 1992)). To
prevail on a claim of changed circumstances and country conditions, the new
“evidence must not have been available” or discoverable at the previous
proceeding, among other requirements. Toufighi v. Mukasey, 538 F.3d 988, 996
(9th Cir. 2007) (citing 8 U.S.C. § 1229a(c)(7)(C)(ii)). Factual determinations by
the BIA are reviewed under a substantial evidence standard. “The administrative
findings of fact are conclusive unless any reasonable adjudicator would be
compelled to the contrary.” 8 U.S.C. § 1252(b)(4)(B).
The BIA did not err in concluding that Hussein failed to meet this heavy
burden. A reasonable adjudicator would not be compelled to a contrary result in
this case. For this reason, the BIA’s administrative findings of fact remain
conclusive. The petition is DENIED.