Singh

MEMORANDUM

Paramjit Singh Shergil, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Shergil’s motion to reopen as untimely where the motion was filed over three years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Shergil failed to establish changed country conditions in India to qualify for the regulatory exception to the time limitation, 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.”). In addition, the BIA did not abuse its discretion in finding Shergil failed to explain why the psychological report attached to his motion could…