Jagjit Bains v. Eric Holder, Jr.

MEMORANDUM

Jagit Singh Bains, a prominent Sikh activist who, before coming to the United States, was detained, beaten with belts and sticks, and had his legs pressed with a heavy wooden roller by the Indian police, petitions for review of a Board of Immigration Appeals (BIA) decision denying his motion to reopen an in-absentia deportation order. Bains seeks to reopen his case so that he can apply for asylum, withholding of deportation, and protection under the Convention Against Torture based on changed circumstances in India. He also seeks to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 (a) and grant the petition.

We review the BIA’s denial of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). The BIA abuses its discretion when it acts “arbitrarily, irrationally, or contrary to law.” Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000).

1. A party may generally only file one motion to reopen within ninety days of the entry of the final administrative order of removal. 8 U.S.C. § 1229a(c)(7)(C)(i). This time limit does not apply, however, where the motion to reopen is “based on changed…