Kirpal Singh v. Eric Holder, Jr.

MEMORANDUM

Kirpal 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, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely because the motion was filed seven months after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to establish materially changed circumstances in India to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing). Because our review is limited to the grounds relied upon by the BIA, we decline to address Singh’s argument that he established prima facie eligibility for relief. See id. at 991-992 .

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is…