Kuldeep Singh v. Eric Holder, Jr.

MEMORANDUM

Manjinder 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). We deny the petition for review.

The BIA did not abuse its discretion by denying Singh’s motion to reopen as untimely where the motion was filed more than five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to demonstrate materially changed conditions in India to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 995-97 (9th Cir.2008) (underlying adverse credibility determination rendered evidence of changed circumstances immaterial); see also Najmabadi 597 F.3d at 987 (evidence must be “qualitatively different” from the evidence presented at the previous hearing). We reject Singh’s contention that the BIA failed to adequately consider the evidence presented with the motion to reopen. See…