Harpinder Chahal v. Eric Holder, Jr.

Good Law
587 F. App'x 359
United States Court of Appeals for the Ninth CircuitOctober 2, 201413-70347California199 words

Opinion

Opinion

MEMORANDUM

Harpinder S. Chahal and Gurmeet K. Chahal, natives and citizens of India, petition for review of .the Board of Immigration Appeals’ (“BIA”) order denying their 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 petitioners’ third motion to reopen as untimely and number-barred where the motion was filed more than eight years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to demonstrate changed conditions that qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 987 (evidence must be “qualitatively different” from the evidence presented at the previous hearing). The record does not support petitioners’ contention that the BIA did not fully consider the evidence of police raids at Harpinder’s father’s house.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent…

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