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appealmotionasylumvisa

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Toufighi v. Mukasey

Facts

Pejman Toufighi, a native and citizen of Iran, entered the United States as a non-immigrant visitor in 1996 and overstayed his visa. He was placed in removal proceedings in 1997 after conceding his removability. Toufighi claimed he converted to Christianity and feared persecution for apostasy if returned to Iran. His asylum claim was denied by the Immigration Judge (IJ), who found his conversion not genuine and that he had not established a well-founded fear of persecution. After failing to depart voluntarily, Toufighi filed a motion to reopen based on his marriage to a U.S. citizen and alleged changed circumstances in Iran, which the Board denied.

Issue

Did the Board of Immigration Appeals abuse its discretion in denying Toufighi's motion to reopen his claims for asylum and withholding of removal?

Rule

Denials of motions to reopen are generally reviewed for abuse of discretion, and the Board must consider all factors in determining whether to grant such motions. A motion to reopen must be filed within 90 days of the final order of removal unless based on changed circumstances.

Denials of motions to reopen are generally reviewed for abuse of discretion. INS v. Doherty, 502 U.S. 314, 323-24, 112 S. Ct. 719, 116 L. Ed. 2d 823 (1992); INS v. Abudu, 485 U.S. 94, 104-05, 108 S. Ct. 904, 99 L. Ed. 2d 90 (1988).

Analysis

The court found that Toufighi's motion to reopen was properly denied because it was filed well after the 90-day deadline. The IJ had previously determined that Toufighi's conversion to Christianity was not genuine, and the Board concluded that the evidence of changed conditions in Iran was not material to his claims. The court deferred to the Board's exercise of discretion, finding no abuse.

The Board noted both grounds in its opinion. We need not determine whether the former ground is correct, because Toufighi's motion was rightly rejected on the latter ground, namely, it was barred by the usual ninety-day deadline.

Conclusion

The petition for review was denied, affirming the Board's decision to deny the motion to reopen.

The petition for review was denied.

Who won?

The Board of Immigration Appeals prevailed because the court found no abuse of discretion in their denial of Toufighi's motion to reopen.

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