Kulvinder Singh v. Eric Holder, Jr.

MEMORANDUM

Kulvinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion, Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir.2007), and we deny in part and dismiss in part the petition for review.

Singh contends he is not subject to the time or number restrictions on motions to reopen provided by the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), because his proceedings, which commenced on December 9, 1996, were instituted before the effective date of the Act, i.e., April 1,1997. Singh’s contention lacks merit because the regulatory time and number restrictions on motions to reopen were promulgated prior to the effective date of IIRIRA. See 8 C.F.R. § 3.2 (c)(2) (1996) (as revised by 61 Fed. Reg. 18900 (April 29, 1996)) (with exceptions “a party may file only one motion to reopen proceedings ... and that motion must be filed not later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened, or…