Does a petitioner need to show that he is relying on previously unavailable, material evidence?

Our prior case law strongly supports the conclusion that a petitioner seeking to reopen proceedings to apply initially for asylum need not show that he is relying on previously unavailable, material evidence. In our prior cases involving motions to reopen to file applications for asylum, we have distilled the administrative language of the regulations into two requirements. Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987); Duran, 756 F.2d at 1340 n. 1. We have held that a petitioner must first establish a prima facie showing of eligibility for relief, and second explain the failure to file the petition earlier. ⁶ See Rodriguez, 841 F.2d at 867; see also Duran, 756 F.2d at 1340 n. 1. ⁷ We have not, in such cases, required that a petitioner present previously unavailable, material evidence.