Rajvir Singh v. Eric Holder, Jr.

MEMORANDUM

Rajvir 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), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s untimely motion to reopen, because it considered the record and Singh’s evidence, and acted within its broad discretion in determining it was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (the BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law.”); see also Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir.2008) (petitioner failed to satisfy “ ‘heavy burden’ of proving that, if proceedings were reopened, the new evidence would likely change the result in the case.”) (quoting Matter of Coelho, 20 I. & N. Dec. 464, 473 (BIA 1992)).

PETITION FOR REVIEW DENIED.

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