Gurjit Kaur v. Eric H. Holder Jr.

Good Law
472 F. App'x 726
United States Court of Appeals for the Ninth CircuitApril 23, 201208-75086California279 words

Opinion

Opinion

MEMORANDUM

Gurjit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen as untimely where the motion was filed over four years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Kaur failed to present sufficient evidence of changed circumstances in India to qualify for an exception to the time limit, see 8 C.F.R. § 1003.2 (c)(3)(ii); Toufighi, 538 F.3d at 996-97 (requiring movant to produce material evidence that conditions in the country of nationality had changed). Kaur’s contention that the BIA failed to adequately explain its reasoning is belied by the record. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (the BIA “does not have to write an exegesis on every contention”).

Further, we decline to consider Kaur’s contentions regarding the immigration judge’s adverse…

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