The changed circumstance exception to the motion to reopen deadline applies only to material changes in country conditions and does not include purely personal changes such as divorce.
A petitioner seeking review of a Board of Immigration Appeals decision denying a motion to reopen removal proceedings argues that her divorce constitutes a changed circumstance exempting her from the standard filing deadline. The court reviews the Board's denial for an abuse of discretion. Applying the law, the court determines that the changed circumstance exception applies only to material changes in country conditions, not to purely personal changes such as a divorce. Because the petitioner's divorce did not constitute a change in country conditions, she was subject to the ninety-day filing deadline, which she failed to meet. The court concludes the Board did not abuse its discretion in denying the untimely motion.
At page 517 Reviewing motion to reopen for changed country conditions98 citing cases“we review the bia's denial of a motion to reopen for an abuse of discretion.”
- Yan Xia Zhang v. Mukasey, 543 F.3d 851 (6th Cir. 2008).published See 437 F.3d at 516 (“Haddad argues that the BIA erred because her divorce constitutes a ‘changed circumstance’ that makes the usual deadline inapplicable to her.
- Carlos Orta Martinez v. Pamela Bondi, No. 25-3161, 2026 WL 208869 (6th Cir. Jan. 27, 2026).unpublishedThat does not constitute forfeiture, especially since the brief discusses topics that are directly relevant to our review. “[W]e review the BIA’s denial of a motion to reopen for an abuse of discretion.” Haddad v. Gonzales, 437 F.3d 515, 5…
- Edwin Reyes-Rodriguez v. Merrick B. Garland, No. 23-3548, 2024 WL 1574673 (6th Cir. Apr. 11, 2024).unpublished “The Board abuses its discretion only when its determination was made ‘without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particul…
- Tauqir Ather Niazi v. Merrick B. Garland, No. 22-3987 (6th Cir. Oct. 12, 2023).unpublishedWe review this issue for abuse of discretion, which “requires us to decide whether the denial of [the] motion to reopen . . . was made without a rational explanation, inexplicably departed from established policies, or rested on an impermi…
- Faburama Njai v. Merrick B. Garland, No. 21-3764, 2022 WL 2903443 (6th Cir. July 22, 2022).unpublishedThe Court may conclude that the BIA abused its discretion when it finds that the BIA’s determination was made “without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as an…
- Luai Helal v. Merrick B. Garland, No. 19-4219 (6th Cir. July 15, 2021).unpublishedAlthough the Helals recently learned about the hostility directed toward their in-laws for the practice of their Christian faith, “a change in personal circumstances that is unaccompanied by a change in country conditions is insufficient t…
- Talantbek Akmatov v. William P. Barr, 799 F. App'x 897 (6th Cir. 2020).unpublishedUnder this standard, we will only reverse the BIA when its decision “was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a p…
- Gilberto Pablo Lorenzo v. William Barr, 929 F.3d 379 (6th Cir. 2019).published Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir. 2006).
- Claudia Moran-Perez v. Matthew G. Whitaker, No. 18-3108 (6th Cir. Dec. 4, 2018).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir. 2006).
- Xinquan Zhong v. Jefferson Sessions, III, No. 17-4227 (6th Cir. Aug. 7, 2018).unpublishedThe BIA abuses its discretion if its decision “was made ‘without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular race or gro…
Show 77 more citing cases
- Clemencia Garcia-Morales v. Jefferson B. Sessions, III, 712 F. App'x 559 (6th Cir. 2017).unpublishedWe may reverse a continuance decision only if it is an abuse of discretion, which is to say a decision “made without a rational explanation,” that “inexplicably departed from established policies,” or that “rested on an impermissible basis…
- Ranjit Singh v. Loretta Lynch, 648 F. App'x 501 (6th Cir. 2016).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Natividad Mendoza v. Loretta E. Lynch, 646 F. App'x 458 (6th Cir. 2016).unpublishedI.N.S. v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992) (internal quotation marks and citation omitted); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Noor Sakhawati v. Loretta Lynch, 823 F.3d 852 (6th Cir. 2016).publishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006) (quoting 8 C.F.R. § 1003.2 (a)) (internal quotation marks omitted) (ellipsis in original); accord Ramon-Sepulveda v. INS, 743 F.2d 1307, 1309 (9th Cir.1984) (applying the abuse-of-discre…
- Amoncio Cruz-Gomez v. Loretta Lynch, 801 F.3d 695 (6th Cir. 2015).publishedWe will undo the BIA’s determination “only if it was made ‘without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular race or g…
- Anthony Thompson v. Loretta Lynch, 788 F.3d 638 (6th Cir. 2015).publishedThe BIA abuses its discretion only when its determination was made “without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular…
- Consolata Kisang v. Eric Holder, Jr., 586 F. App'x 211 (6th Cir. 2014).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Mario Cuzco-Mora v. Eric Holder, Jr., 592 F. App'x 437 (6th Cir. 2014).unpublished“Accordingly, we review the BIA’s denial of a motion to reopen for an abuse of discretion.” Haddad, v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Muhammad Rais v. Eric Holder, Jr., 768 F.3d 453 (6th Cir. 2014).publishedThis authority extends to the denial of motions to reopen removal proceedings. 12 See Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006) (citing, inter alia, Prekaj v. INS, 384 F.3d 265, 268 (6th Cir.2004) (“The denial of a motion to reo…
- Jose Lisboa v. Eric Holder, Jr., 570 F. App'x 468 (6th Cir. 2014).unpublishedKucana v. Holder, 558 U.S. 233, 242 , 130 S.Ct. 827 , 175 L.Ed.2d 694 (2010); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Lamine Fall v. Eric Holder, Jr., 560 F. App'x 519 (6th Cir. 2014).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Lei Xia v. Eric Holder, Jr., 550 F. App'x 285 (6th Cir. 2014).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517-18 (6th Cir.2006).
- Li Zhang v. Attorney Gen. of the United States, 543 F. App'x 277 (3d Cir. 2013).unpublished(petitioner’s divorce did not trigger exception)
- Xiu Lin v. Eric Holder, Jr., 540 F. App'x 500 (6th Cir. 2013).unpublishedINS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Bourlaye Sy v. Eric Holder, Jr., 516 F. App'x 524 (6th Cir. 2013).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Yu Zhang v. Eric Holder, Jr., 702 F.3d 878 (6th Cir. 2012).published In general, an applicant may file one motion to reopen and it must be filed within 90 days of the entry of a final judgment. 8 U.S.C. § 1229a(c)(7)(A) & (C); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Shu Rong Cai v. Attorney Gen. of the United States, 504 F. App'x 111 (3d Cir. 2012).unpublishedSee, e.g., Liu v. Att’y Gen., 555 F.3d 145, 150-51 (3d Cir.2009) (birth of children); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006) (marriage status).
- Mohammad Abualrob v. Eric Holder, Jr., 505 F. App'x 421 (6th Cir. 2012).unpublishedSee 8 U.S.C. § 1129a(c)(7)(C)(ii); 8 C.F.R. § 1003.2 (c)(3)(ii); Haddad v. Gonzales, 437 F.3d 515, 517-18 (6th Cir.2006).
- Liming Zheng v. Eric Holder, Jr., 504 F. App'x 399 (6th Cir. 2012).unpublishedINS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Madrigal v. Holder, 572 F.3d 239, 242 (6th Cir.2009); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Wesam Yousif v. Eric Holder, Jr., 482 F. App'x 987 (6th Cir. 2012).unpublishedHad- *988 dad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Marta Precaj v. Eric Holder, Jr., 491 F. App'x 663 (6th Cir. 2012).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Alexander Arestov v. Eric Holder, Jr., 489 F. App'x 911 (6th Cir. 2012).unpublishedOur normal review of this issue is for abuse of discretion, which looks only to “whether the denial of [the] motion to reopen ... was made without a rational explanation, inexplicably departed from established policies, or rested on an imp…
- Nisar Mulla v. Eric Holder, Jr., 462 F. App'x 592 (6th Cir. 2012).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Marash Kalaj v. Eric Holder, Jr., 457 F. App'x 503 (6th Cir. 2012).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006). *505 The Kalajs are limited to one motion to reopen and the motion must be filed within ninety days of the final order of removal.
- Jose Lisboa v. Eric Holder, 436 F. App'x 545 (6th Cir. 2011).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Amadou Ly v. Eric Holder, Jr., 436 F. App'x 462 (6th Cir. 2011).unpublished“This standard requires us to decide whether the denial of [the] motion to reopen ... was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimin…
- Koba Khakhnelidze v. Eric Holder, Jr., 432 F. App'x 564 (6th Cir. 2011).unpublished Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Hadir Nannoshi v. Eric Holder, Jr., 432 F. App'x 466 (6th Cir. 2011).unpublishedThe BIA abuses its discretion when its denial “was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular race or grou…
- Romi Slewa v. Eric Holder, Jr., 418 F. App'x 459 (6th Cir. 2011).unpublishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Liming Zheng v. Eric Holder, Jr., 410 F. App'x 912 (6th Cir. 2010).unpublishedThe BIA abuses its discretion where it makes a decision “without a rational explanation, inexplicably depart[s] from established policies, or rest[s] on an impermissible basis such as invidious discrimination against a particular race or g…
- Moussa Soumah v. Eric Holder, Jr., 403 F. App'x 999 (6th Cir. 2010).unpublishedDiscussion A.Standard of Review and Relevant Law The BIA has broad discretion in denying motions to reopen, INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992), which we review for abuse of discretion, Haddad v. Gonz…
- Camaj v. Holder, 625 F.3d 988 (6th Cir. 2010).publishedHaddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Cissy Lyagoba v. Eric Holder, Jr., 393 F. App'x 357 (6th Cir. 2010).unpublished The BIA abuses its discretion when it decides a case “without a rational explanation, inexplicably departed from established policies, or rested [its decision] on an impermissible basis such as invidious discrimination against a particular…
- Cleve Stewart v. Eric H. Holder, Jr., 362 F. App'x 518 (6th Cir. 2010).unpublishedWe therefore review the BIA’s denial of a motion to reopen under an abuse of discretion standard, Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006), which requires us to determine whether the denial “was made without a rational explanat…
- Bo Wang v. Eric H. Holder, Jr., 359 F. App'x 589 (6th Cir. 2009).unpublished INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Haddad v. Gonzales, 437 F.3d 515, 517 (6th Cir.2006).
- Kiananua Vunzi v. U.S. Attorney Gen., 298 F. App'x 802 (11th Cir. 2008).unpublished
- Tan Zhang v. Eric Holder, Jr., 385 F. App'x 546 (6th Cir. 2010).unpublished
- Larngar v. Holder, 562 F.3d 71 (1st Cir. 2009).published
- Ghassan Mansour v. Alberto Gonzales, 470 F.3d 1194 (6th Cir. 2006).published
- Dolores Tapia-Martinez v. Alberto R. Gonzales, 482 F.3d 417 (6th Cir. 2007).published
- Khan v. Attorney Gen. of United States, 691 F.3d 488 (3d Cir. 2012).published
- Barry v. Mukasey, 524 F.3d 721 (6th Cir. 2008).published
- Cheng Chen v. Gonzales, 498 F.3d 758 (7th Cir. 2007).published
- Ilic-Lee v. Mukasey, 507 F.3d 1044 (6th Cir. 2007).published
- L.Y. v. Gonzales, 185 F. App'x 451 (6th Cir. 2006).unpublished
- Vushaj v. Gonzales, 199 F. App'x 487 (6th Cir. 2006).unpublished
- Hango v. Gonzales, 198 F. App'x 467 (6th Cir. 2006).unpublished
- Vuthi v. Gonzales, 209 F. App'x 470 (6th Cir. 2006).unpublished
- Weerasinghe v. Gonzales, 210 F. App'x 463 (6th Cir. 2006).unpublished
- Martinez-Espino v. Gonzales, 205 F. App'x 421 (6th Cir. 2006).unpublished
- Bah v. Gonzales, 230 F. App'x 547 (6th Cir. 2007).unpublished
- Sleiman v. Gonzales, 241 F. App'x 321 (6th Cir. 2007).unpublished
- Aliaj v. Mukasey, 257 F. App'x 957 (6th Cir. 2007).unpublished
- Rasi v. Mukasey, 256 F. App'x 763 (6th Cir. 2007).unpublished
- Gordon v. Mukasey, No. 06-3799 (6th Cir. Jan. 8, 2008).unpublished
- Todi v. Mukasey, 266 F. App'x 438 (6th Cir. 2008).unpublished
- Gordon v. Mukasey, No. 06-3799 (6th Cir. May 8, 2008).unpublished
- Hanna v. Mukasey, 290 F. App'x 867 (6th Cir. 2008).unpublished
- Niyibizi v. Mukasey, 300 F. App'x 371 (6th Cir. 2008).unpublished
- Hui Wang v. Michael Mukasey, 298 F. App'x 433 (6th Cir. 2008).unpublished
- Nigel Carroll v. Holder, 310 F. App'x 763 (6th Cir. 2009).unpublished
- Fatjon Sterkaj v. Eric H. Holder, Jr., 315 F. App'x 586 (6th Cir. 2009).unpublished
- Adolfo Vallejo-Pantoja v. Eric Holder, 322 F. App'x 424 (6th Cir. 2009).unpublished
- Guo Hu v. Eric H. Holder, Jr., 318 F. App'x 348 (6th Cir. 2009).unpublished
- Abdoulaye Ly v. Eric H. Holder, Jr., 327 F. App'x 616 (6th Cir. 2009).unpublished
- Amadu Barrie v. Eric H. Holder, Jr., 339 F. App'x 503 (6th Cir. 2009).unpublished
- Brenda Lemus-Lemus v. Eric H. Holder, Jr, 335 F. App'x 565 (6th Cir. 2009).unpublished
- Stela Stenaj v. Eric H. Holder, Jr., 344 F. App'x 244 (6th Cir. 2009).unpublished
- Nigelarani Vakeesan v. Eric H. Holder, Jr., 343 F. App'x 117 (6th Cir. 2009).unpublished
- Aliou Ba v. Eric H. Holder, Jr., 358 F. App'x 609 (6th Cir. 2009).unpublished
- Yang Lin v. Eric H. Holder, Jr., 364 F. App'x 236 (6th Cir. 2010).unpublished
- Margerita Martini v. Eric Holder, 419 F. App'x 646 (6th Cir. 2011).unpublished
- Xiu Lin v. Eric Holder, Jr., 574 F. App'x 623 (6th Cir. 2014).unpublished
- Sarker v. Attorney Gen., 228 F. App'x 175 (3d Cir. 2007).unpublished
- Abdikadir Luhiso v. William P. Barr, No. 19-3023 (6th Cir. Oct. 4, 2019).unpublished
- Ismaila Ba v. William P. Barr, No. 19-3859 (6th Cir. June 3, 2020).unpublished
- Madina Rahmatova v. Merrick B. Garland, No. 20-3902 (6th Cir. Aug. 31, 2021).unpublished
At page 518 Determining changed circumstances for asylum applications12 citing casesstating, where denial of alien’s motion to reopen as untimely was affirmed but alien had never filed her own application for asylum because she was listed as a dependent on her then-husband’s application, that changed *299 personal circumstance of divorce might allow alien to file asylum applicatio…
- Hai Fan Huang v. Attorney Gen., 249 F. App'x 293 (3d Cir. 2007).unpublished (stating, where denial of alien’s motion to reopen as untimely was affirmed but alien had never filed her own application for asylum because she was listed as a dependent on her then-husband’s application, that changed *…)
- Xiu Mei Wei v. Mukasey, 545 F.3d 1248 (10th Cir. 2008).published
- Qing Li Chen v. Mukasey, 524 F.3d 1028 (9th Cir. 2008).published
- Zheng v. Mukasey, 509 F.3d 869 (8th Cir. 2007).published
- Yuen Jin v. Mukasey, 538 F.3d 143 (2d Cir. 2008).published
- Jin v. Mukasey, No. 05-5485-ag (2d Cir. Sept. 12, 2008).published
- Al Roumy v. Mukasey, 290 F. App'x 856 (6th Cir. 2008).unpublished
- Zi-Mei Guo v. Mukasey, 304 F. App'x 389 (6th Cir. 2008).unpublished
- C-w-l, 24 I. & N. Dec. 346 (BIA 2007).published
At page 516 Analyzing changed circumstances exception to filing deadlines3 citing casesHaddad argues that the BIA erred because her divorce constitutes a ‘changed circumstance’ that makes the usual deadline inapplicable to her. This exception requires changed country (not personal) circumstances, however, so Haddad was subject to the deadline.
- Yan Xia Zhang v. Mukasey, 543 F.3d 851 (6th Cir. 2008).published (Haddad argues that the BIA erred because her divorce constitutes a ‘changed circumstance’ that makes the usual deadline inapplicable to her. This exception requires changed country (not personal) circumstances, however…)
- Saval v. Holder, 623 F.3d 666 (9th Cir. 2010).published See 8 C.F.R. § 1208.21 (b); see also, e.g., Haddad v. Gonzales, 437 F.3d 515 , 516 n.2 (6th Cir. 2006) ("The regulations make a spouse's receipt of this derivative benefit contingent on the spousal relationship being in existence when the…
At page 519 Analyzing derivative asylum eligibility after marital dissolution1 citing case“the regulations make a spouse's receipt of this derivative benefit contingent on the spousal relationship being in existence when the principal alien's asylum application is approved.”
- Saval v. Holder, 623 F.3d 666 (9th Cir. 2010).published “the regulations make a spouse's receipt of this derivative benefit contingent on the spousal relationship being in existence when the principal alien's asylum application is approved.”
v.
Alberto R. GONZALES, Attorney General, Respondent
Petitioner Hanan Haddad (“Haddad”), a Jordanian citizen, petitions for review the decision of the Board of Immigration Appeals (“BIA” or “Board”) denying as untimely her motion to reopen removal proceedings. Haddad argues that the BIA erred because her divorce constitutes a “changed circumstance” that makes the usual deadline inapplicable to her. This exception requires changed country (not personal) circumstances, however, so Had-dad was subject to the deadline. Because the motion to reopen was filed late, we DENY Haddad’s petition for review.
I. BACKGROUND
The facts of this case are basically undisputed. Haddad and her then-husband, Khalid Ishaq (“Ishaq”), entered the United States on B-2 nonimmigrant visitor visas in 1994 and 1993, respectively. [1] In 1996, the Immigration and Naturalization Service initiated removal proceedings against Ishaq and Haddad. Conceding removability, Ishaq and Haddad applied for asylum or withholding of removal. Ishaq (the principal applicant) included Haddad and their children (derivative applicants) in his application. [2] On April 30, 1999, the Immigration Judge (“IJ”) denied the application for asylum or withholding of removal, finding both Ishaq and Haddad lacking in credibility. The IJ did, however, grant voluntary departure to Jordan. On December 10, 2002, the BIA affirmed the IJ’s decision without opinion. A panel of this court denied Ishaq’s petition for review because substantial evidence supported the IJ’s decision. Ishaq v. INS., No. 03-3020 (6th Cir. Feb. 9, 2005) (unpublished order).
Before the denial of the petition for review, Haddad moved this court to remand her case to the BIA to permit her to file a new asylum application because she had divorced Ishaq on June 27, 2001. [3] A panel of this court denied Haddad’s motion and referred Haddad to “the established procedures for moving to reopen [her case] and seeking] additional relief before the Board.” Ishaq v. Ashcroft, No. 03-3020 (6th Cir. Aug. 9, 2004) (unpublished order).
On August 17, 2004, Haddad filed with the BIA a motion to reopen accompanied by an asylum application. The BIA construed the motion to be exempt from the usual ninety-day deadline for motions to[*517] reopen because it was based on the changed circumstance of Haddad’s divorce. The Board denied the motion as untimely because, given the nineteen months that had elapsed since the initial appeal was denied and the thirty-nine months that had elapsed since the divorce, it had not been filed “in a ‘reasonable’ time.” [4] J.A. at 9 (BIA Decision of Oct. 1, 2004)
Haddad now petitions for review.
II. ANALYSIS
A.Jurisdiction and Standard of Review
We have jurisdiction to review the denial of a motion to reopen. 8 U.S.C. § 1252(a); Prekaj v. INS, 384 F.3d 265, 268 (6th Cir.2004). “The decision to grant or deny a motion to reopen ... is within the discretion of the Board.” 8 C.F.R. § 1003.2(a). Accordingly, we review the BIA’s denial of a motion to reopen for an abuse of discretion. Allabani v. Gonzales, 402 F.3d 668, 675 (6th Cir.2005) (citing INS v. Abudu, 485 U.S. 94, 107-08, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988)); Harchenko v. INS, 379 F.3d 405, 409 (6th Cir.2004) (citing INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992)). This standard requires us to “ ‘decide whether the denial of [the] motion to reopen ... was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular race or group.’ ” Allabani, 402 F.3d at 675 (alterations in original) (quoting Balani v. INS, 669 F.2d 1157, 1161 (6th Cir.1982)). We review de novo legal issues. Harchenko, 379 F.3d at 409.
B. Merits
An alien may usually file only one motion to reopen removal proceedings. 8 U.S.C. § 1229a(c)(7)(A); 8 C.F.R. § 1003.2(c)(2). The motion typically must be filed within ninety days of the final administrative decision sought to be reopened. 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2(e)(2). The ninety-day deadline does not apply, however, if the motion to reopen is made in order to apply for asylum and “is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered,” as long as such changes are “material and [were] not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii) (emphasis added); see also 8 C.F.R. § 1003.2(c)(3)(ii) (using the phrase “changed circumstances arising in the country of nationality or in the country to which deportation has been ordered” (emphasis added)).
The BIA’s decision denying Haddad’s motion to reopen proceeded in two steps. The Board first construed Haddad’s motion — which was based on the changed circumstance of her divorce — -to come within the “changed circumstances” exception of 8 C.F.R. § 1003.2(c)(3)(ii). The Board then rejected the motion because it was not filed within a reasonable time after the divorce.
The BIA’s first step was erroneous; correction of the first step makes the second step unnecessary. Haddad’s divorce was a purely personal change in circumstances that does not constitute changed conditions or circumstances in Jordan. E.g., Zheng v. U.S. Dep’t of Justice, 416 F.3d 129, 130-31 (2d Cir.2005) (holding[*518] that the alien’s wife’s arrival in the United States and her pregnancy were not changed circumstances under 8 C.F.R. § 1003.2(c)(3)(ii)); Guan v. Bd. of Immigration Appeals, 345 F.3d 47, 49 (2d Cir.2003) (birth of children); Zhao v. Gonzales, 2005 WL 3408040, at *2 (7th Cir. Dec.13, 2005) (unpublished order) (birth of children); Rahro v. Gonzales, 150 Fed.Appx. 727, 727-28 (9th Cir.2005) (unpublished memorandum) (marriage); Zou v. U.S. Att’y Gen., 141 Fed.Appx. 885, 887-88 (11th Cir.2005) (unpublished opinion) (marriage and wife’s pregnancy); Kandio v. Gonzales, 132 Fed.Appx. 851, 854 (1st Cir.2005) (unpublished opinion) (death of parents). Without a showing of changed country conditions, Haddad was subject to the ninety-day deadline for filing a motion to reopen. Because it was filed on August 17, 2004, more than twenty months after the BIA’s December 10, 2002 affirmance of the IJ’s decision, Haddad’s motion to reopen was untimely. Therefore, the BIA did not abuse its discretion by denying the motion.
The denial of Haddad’s petition for review is somewhat unsatisfying because a panel of this court arguably suggested that Haddad file a motion to reopen on the basis of her divorce. [5] See Ishaq v. INS., No. 03-3020 (6th Cir. Aug. 9, 2004) (unpublished order). The above analysis shows, however, that such a suggestion would have been in error, as the statute, regulations, and cases make clear that a late motion to reopen is not excused by one’s divorce.
Yet the denial of her motion to reopen does not leave Haddad without the possibility of any remedy, as she may file a new asylum application. [6] Although an alien generally may apply for asylum only within one year of arriving in the United States and may not file successive applications, 8 U.S.C. § 1158(a)(2)(B)-(C), untimely and/or successive applications “may be considered ... if the alien [satisfactorily] demonstrates ... changed circumstances which materially affect the applicant’s eligibility for asylum.” Id. § 1158(a)(2)(D). The regulations clarify that “[i]n the case of an alien who had previously been included as a dependent in another alien’s pending asylum application” (as is the case with Haddad), changed circumstances in the asylum-application context include “the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.” 8 C.F.R. § 1208.4(a)(4)(i)(C) (emphasis added). It may seem odd that an asylum application that would not be considered when attached to a motion to reopen very well might be considered when simply filed anew under 8 U.S.C. § 1158, but this result is required by the statute and regulations. Thus, Haddad may still[*519] pursue this avenue of relief. [7] Guan, 345 F.3d at 49.
III. CONCLUSION
For the reasons set forth above, we DENY Haddad’s petition for review.
. There is some ambiguity with respect to Haddad’s date of entry. The asylum application attached to Haddad's motion to reopen reports a first entry in 1992 and a second on September 10, 1994. Ishaq's asylum application indicates entry on February 9, 1993. Because the date does not affect the appeal, we use the date contained in Haddad’s brief: September 10, 1994.
. Subject to certain exceptions, a spouse or child of an alien granted asylum may also be granted asylum, even if she would not otherwise be eligible. 8 U.S.C. § 1158(b)(3)(A); 8 C.F.R. § 1208.21(a). The regulations make a spouse's receipt of this derivative benefit contingent on the spousal relationship being in existence when the principal alien's asylum application is approved. 8 C.F.R. § 1208.21(b).
.We note that Haddad’s divorce occurred before the BIA affirmed the IJ’s denial of Ishaq's (and derivatively, Haddad's) asylum application. The BIA very well might have severed Haddad's case from Ishaq’s appeal if Haddad had simply asked. See Tzankov v. INS, 107 F.3d 516, 517 n. 1 (7th Cir.1997) (noting that the BIA granted such a request and remanded the derivative applicant’s case to the IJ for a hearing).
. The Board's arithmetic appears to be slightly mistaken. Twenty months and one week elapsed between December 10, 2002 (the date that the BIA affirmed the IJ's denial of Ishaq and Haddad’s petition) and August 17, 2004. Thirty-seven months and three weeks elapsed between June 27, 2001 (the date of Haddad and Ishaq’s divorce) and August 17, 2004.
. We faced similar circumstances in Selami v. Gonzales, 150 Fed.Appx. 504 (6th Cir. Oct. 14, 2005) (unpublished opinion). As is the case here, Selami’s asylum application was derivative to her husband’s principal application. And much like Haddad, Selami was divorced before the BIA affirmed the IJ's denial of her husband’s (and derivatively, her) asylum application. Selami petitioned for review, but we dismissed for lack of jurisdiction because she had filed no independent asylum application of her own. We noted that the government suggested that Selami file a motion to reopen accompanied by her own asylum application, which is, of course, what Haddad did here. Because we did not actually endorse this procedure, and in any event it is incompatible with the statute and regulations, Selami neither governs nor is inconsistent with the instant case.
. The denial of her husband’s asylum application does not eliminate the possibility of Had-dad being granted asylum based on her own, separate application. 8 C.F.R. § 1208.14(f).
. There is no guarantee, however, that relief will be granted. A new asylum application may be deemed untimely, 8 C.F.R. § 1208.4(a)(4)(ii) ("The applicant shall file an asylum application within a reasonable period given those 'changed circumstances.' ” (emphasis added)), and we are without jurisdiction to review denials on that ground, 8 U.S.C. § 1158(a)(3); Castellano-Chacon v. INS, 341 F.3d 533, 544 (6th Cir.2003).