Maravou

Maravou v. Holder

Good Law
362 F. App'x 599
United States Court of Appeals for the Ninth CircuitJanuary 19, 201007-72360California261 words

Opinion

Opinion

MEMORANDUM

Kuldip Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Lara-Torres v. Ashcroft, 883 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Singh’s third motion to reopen as untimely and time barred where his motion was filed almost two years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to present sufficient evidence of changed circumstances in India to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

We lack jurisdiction to consider Singh’s contentions regarding the BIA’s October 7, 2004…

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