Kamaljit Singh v. Eric Holder, Jr.

Good Law
534 F. App'x 678
United States Court of Appeals for the Ninth CircuitJuly 30, 201312-71211California225 words

Opinion

Opinion

MEMORANDUM

Kamaljit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen because it considered the record and acted within its broad discretion in determining that the evidence was insufficient to establish pri-ma facie eligibility for asylum, withholding of removal, or relief under the Convention Against Torture. See Ladha v. INS, 215 F.3d 889, 897 (9th Cir.2000) (a well-founded fear may be established through credible, direct, and specific evidence supporting a reasonable fear of persecution); cf. Lim v. INS, 224 F.3d 929, 935 (9th Cir.2000) (threats established a well-founded fear where they were increasingly menacing). To the extent Singh contends the new evidence shows the police will be interested in him because of his past arrest, the argument fails. See Toufighi, 538 F.3d at 996-97 (new…

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