Harbans Lehra v. Loretta E. Lynch

MEMORANDUM

Harbans Kaur Lehra, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Lehra’s third motion to reopen as time- and number-barred, where Lehra filed the motion more than 16 years after the applicable regulatory deadline of September 30, 1996, see 8 C.F.R. § 1003.2 (c)(2), and she failed to establish materially changed country conditions to qualify for the regulatory exception to the filing deadline, see id. § 1003.2(c)(3)(h) (the time and number limitations on motions to reopen do not apply where an alien seeks to “apply or reapply for asylum or withholding of deportation based on changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or…