Ranjeet Singh v. Eric Holder, Jr.

MEMORANDUM

Ranjeet Singh petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen, which we review for an abuse of discretion, Go v. Holder, 744 F.3d 604, 609 (9th Cir.2014). The petition is denied.

As the Board concluded, Mr. Singh is bound by the deadline for motions to reopen deportation proceedings found at 8 C.F.R. § 1003.2 (c)(2). That regulation, promulgated in April 1996, see Executive Office for Immigration Review; Motions and Appeals in Immigration Proceedings, 61 Fed.Reg. 18,900 (Apr. 29, 1996), is not impermissibly retroactive as to Mr. Singh, who entered the United States and was served with an Order to Show Cause in September 1996. The relevant law has not changed with respect to the filing deadline at any time during the pendency of his administrative proceedings.

Nor has Mr. Singh demonstrated that he satisfies the exception in 8 C.F.R. § 1003.2 (c)(3)(h) based on changed country conditions. In an attempt to demonstrate that the situation in Punjab has deteriorated, Mr. Singh invites our attention to reports in the record that the situation had been improving for the Sikh community at the time of his initial proceedings.…