Filed: Jun. 23, 2011
Latest Update: Feb. 22, 2020
Summary: 10-1974-ag Miah v. Holder BIA A077 560 113 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SU
Summary: 10-1974-ag Miah v. Holder BIA A077 560 113 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUM..
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10-1974-ag
Miah v. Holder
BIA
A077 560 113
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER
FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY
ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
1 At a stated term of the United States Court of Appeals
2 for the Second Circuit, held at the Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 23rd day of June, two thousand eleven.
5
6 PRESENT:
7 JOSEPH M. McLAUGHLIN,
8 BARRINGTON D. PARKER,
9 DEBRA ANN LIVINGSTON,
10 Circuit Judges.
11 _______________________________________
12
13 DOULAT MIAH
14 Petitioner,
15
16 v. 10-1974-ag
17 NAC
18 ERIC H. HOLDER, JR., UNITED STATES
19 ATTORNEY GENERAL,
20 Respondent.
21 ______________________________________
22
23 FOR PETITIONER: Evelyn Tossas Tucker and Millicent
24 Y. Clarke, New York, New York.
25
26 FOR RESPONDENT: Tony West, Assistant Attorney
27 General; Leslie McKay, Assistant
28 Director; Jessica Segall, Trial
29 Attorney, Office of Immigration
30 Litigation, Civil Division, United
31 States Department of Justice,
32 Washington, D.C.
1 UPON DUE CONSIDERATION of this petition for review of a
2 Board of Immigration Appeals (“BIA”) decision, it is hereby
3 ORDERED, ADJUDGED, AND DECREED that the petition for review
4 is DENIED.
5 Petitioner Doulat Miah, a native and citizen of
6 Bangladesh, seeks review of an April 23, 2010, order of the
7 BIA denying his motion to reopen. In re Doulat Miah, No.
8 A077 560 113 (B.I.A. Apr. 23, 2010). We assume the parties’
9 familiarity with the underlying facts and procedural history
10 in this case.
11 We review the BIA’s denial of a motion to reopen for
12 abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d
13 Cir. 2006) (per curiam). When the BIA considers relevant
14 evidence of country conditions in evaluating a motion to
15 reopen, we review the BIA’s factual findings under the
16 substantial evidence standard. See Jian Hui Shao v.
17 Mukasey,
546 F.3d 138, 169 (2d Cir. 2008).
18 Here, because Miah filed his motion to reopen more than
19 ninety days after the BIA issued a final order of removal in
20 his case, he was required to show changed circumstances in
21 Bangladesh to excuse the untimely filing. See 8 U.S.C.
22 § 1229a(c)(7)(C). Miah contends that he established changed
23 country conditions because homosexuals are increasingly
2
1 persecuted in Bangladesh.
2 In support of this, he requests that we take judicial
3 notice that Islamic fundamentalists have had a rising
4 influence in Muslim majority countries since September 11,
5 2001, and that their anti-American sentiment has led to the
6 increased persecution of homosexuals. While we may take
7 judicial notice of indisputable historical events, Miah’s
8 claims are not indisputable. Cf. Souleymane Niang v.
9 Mukasey, 511 F.3d 138, 149 (2d Cir. 2007) (“[T]his Court is
10 not ignorant of indisputable historical events (such as the
11 partition of India, the break-up of the Ottoman Empire, or
12 the fall of Communist regimes in the Balkans). . . .”
13 (quotations omitted)). Miah is asking us to review the
14 BIA’s decision not based on the record before the agency but
15 on our general knowledge of world events. Cf. 8 U.S.C.
16 § 1252(b)(4)(A) (providing that this Court must “decide the
17 petition only on the administrative record on which the
18 order of removal is based”). We decline to do so.
19 The BIA reasonably found that Miah did not establish
20 changed country conditions. Although Miah submitted
21 evidence detailing the mistreatment of homosexuals in
22 Bangladesh, the BIA reasonably concluded that his evidence
23 did not indicate changed conditions, but rather that
3
1 homosexuals have long suffered mistreatment in Bangladesh.
2 See In re S-Y-G-, 24 I. & N. Dec. 247, 253 (B.I.A. 2007)
3 (“[W]e compare the evidence of country conditions submitted
4 with the motion to those that existed at the time of the
5 merits hearing below.”); see also Jian Hui Shao, 546 F.3d at
6 168. Moreover, the record does not compel the conclusion
7 that the alleged rise of Islamic fundamentalism in
8 Bangladesh has changed the circumstances for homosexuals.
9 See Jian Hui
Shao, 546 F.3d at 168 (noting that an alien
10 must establish a change in circumstances). Accordingly, the
11 BIA did not abuse its discretion in denying Miah’s motion to
12 reopen as untimely. See 8 U.S.C. § 1229a(c)(7)(C).
13 For the foregoing reasons, the petition for review is
14 DENIED. As we have completed our review, Miah’s pending
15 motion for a stay of removal in this petition is DISMISSED
16 as moot.
17 FOR THE COURT:
18 Catherine O’Hagan Wolfe, Clerk
19
20
4
