FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 11, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court MEHRDAD NOORI HOSSAIN ABADI, Petitioner, v. No. 18-9509 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, McKAY and MATHESON, Circuit Judges. _________________________________ Mr. Mehrdad Noori Hossain Abadi (Mr. Noori), a native and citizen of Iran, has filed a petition for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen his removal proceedings. Exercising jurisdiction under 8 U.S.C. § 1252(a)(1), see Infanzon v. Ashcroft, 386 F.3d 1359, 1361–62 (10th Cir. 2004), we deny the petition. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I. BACKGROUND Mr. Noori attempted to enter the United States in 1993 using a fraudulent visa. He was denied entry and placed in exclusion proceedings. He conceded excludability but applied for asylum and withholding of exclusion and deportation, claiming that if he returned to Iran, he would be persecuted because of his political opinion. In 1994, an administrative law judge denied his application and ordered him excluded, and the BIA denied review. Mr. Noori sought review of the agency’s decision by filing a petition for habeas corpus in federal district court. The district court denied his habeas petition but ordered him to file a motion to reopen. Mr. Noori filed the motion to reopen in 1997, seeking asylum based on political opinion. The BIA denied the motion in 1998. We later affirmed the district court’s denial of his habeas petition. See Abadi v. INS, No. 99-1522, 2000 WL 1158325 (10th Cir. Aug. 16, 2000) (unpublished). Despite the exclusion order, Mr. Noori remained in the United States. In 2017, he converted from Islam to Christianity and married a woman who also had converted from Islam to Christianity. He then filed a motion to reopen to seek asylum, withholding, and relief under the U.N. Convention Against Torture. He alleged that the persecution of Christian converts in Iran had significantly worsened since the time of his exclusion hearing in 1994. The BIA decided that none of Mr. Noori’s evidence showed that there had been a material change in the persecution of Christian converts in Iran since his exclusion proceeding, and that the change in 2 his own circumstances was not a change in country conditions. The BIA therefore denied the motion. Mr. Noori seeks review of that decision. II. ANALYSIS We review the BIA’s denial of ...
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