Daljit Singh v. Eric Holder, Jr.

MEMORANDUM

Daljit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings to reapply for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 review de novo claims of due process violations. Lari ta-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion when it denied Singh’s motion to reopen as untimely because the motion was filed over four years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to demonstrate changed country conditions in India to qualify for an exception to the time limitations for a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii), Najmabadi, 597 F.3d at 991-92 (BIA did not abuse discretion where petitioner failed to introduce material evidence); see also Cano-Merida v. INS, 311 F.3d 960, 965-66 (9th Cir.2002) (no abuse of discretion where motion to…