Surjit Samra v. Eric Holder, Jr.

MEMORANDUM

Surjit Singh Samra, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Samra contends he established changed country conditions and a prima facie case for asylum based on an increase in police abuses and based on his diagnosis of post-traumatic stress disorder and the poor quality of India’s mental health system.

With respect to police abuses, the BIA did not abuse its discretion in denying Samra’s untimely motion to reopen because he did not establish changed circumstances in India to qualify for the regulatory exception to the time limit. See 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 989-90 (petitioner’s evidence was not “qualitatively different” from evidence in prior proceedings); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.2008) (evidence of persecution of apostates was not material given adverse credibility finding on…