Singh
Singh v. Holder
Opinion
Opinion
MEMORANDUM
Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002). We deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying Singh’s motion to reopen because Singh filed the motion almost nine years after his removal order and failed to submit evidence of the bona fides of his marriage or evidence of a pending visa petition. See 8 C.F.R. § 1003.23 (b); see also Malhi v. INS, 336 F.3d 989, 993-95 (9th Cir.2003) (upholding denial of motion to reopen where alien failed to demonstrate prima facie case of bona fide marriage).
The agency did not abuse its discretion in concluding Singh failed to demonstrate that personal service of the Order to Show Cause provided him insufficient notice of his hearing. See Khan v. Ashcroft, 374 F.3d 825, 829 (9th Cir.2004) (notice in English is…