Narinder Singh v. Holder

MEMORANDUM

Petitioners Narinder Singh, Kulwant Kaur, Sandeep Singh, and Navneet Singh (collectively, “Petitioners”), citizens of India, petition for review of the final order of the Board of Immigrations Appeals (the “BIA”) denying their motion to reopen based on allegedly new, material evidence undiscoverable at the time of his deportation hearing. Because the BIA did not abuse its discretion in denying Petitioners’ motion to reopen, the petition is DENIED.

Standard of Review

This court has jurisdiction over Petitioners’ petition for review pursuant to 8 U.S.C. § 1252 . We review BIA rulings on motions to reopen for abuse of discretion and will reverse only if the BIA acted arbitrarily, irrationally, or contrary to law. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We review factual findings for substantial evidence and questions of law de novo. Id. at 791-92 .

Analysis

A. Both The Pre-IIRIRA Standard And 8 C.F.R. § 1003.2 Require Evidence That Is Material And Not Available At The Former Hearing

As Petitioners conceded at oral argument, any distinction between the pre-IIRIRA standard and 8 C.F.R. § 1003.2 is of no consequence in this case, as both require that the…