Iqbal v. Ashcroft
Docket: No. 03-72796; Agency No. A72-449-468
Court: Court of Appeals for the Ninth Circuit; December 12, 2004; Federal Appellate Court
Faisal Iqbal, a citizen of India, petitions for review of the Board of Immigration Appeals' (BIA) denial of his motion to reopen his asylum case. The court has jurisdiction under 8 U.S.C. § 1105a(a) due to transitional rules and reviews the denial for abuse of discretion. The petition is denied because Iqbal failed to provide evidence specifically addressing his asylum claim, which did not overcome the immigration judge's (IJ) adverse credibility determination. As a result, Iqbal did not establish a prima facie case for relief, justifying the denial of his motion to reopen. Challenges to the BIA's summary affirmance of the IJ's denial of his asylum application or its prior denial of his first motion to reopen are not addressed in this petition. The petition for review is denied, and the disposition is not suitable for publication, limiting citation according to Ninth Circuit Rule 36-3.