Sohan Singh v. Eric Holder, Jr.

MEMORANDUM

Sohan Singh and Bakhash Kaur, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

The BIA denied petitioners’ motion as untimely, and found they failed to show changed circumstances to qualify for the regulatory exception provided in 8 C.F.R. § 1003.2 (c)(3)(ii), where some of their evidence related in part to Singh’s prior claim, which was found not credible, and the other evidence did not establish changed circumstances in India with regard to the treatment of politically active Sikhs. Petitioners contend the BIA abused its discretion by failing to take into account country conditions evidence, by failing to consider petitioners’ evidence not tainted by the prior adverse credibility finding in conjunction with the country reports, and by discounting their credible evidence. Because these contentions are not supported by the record, petitioners have not shown the…