Kulwinder Kaur v. Eric Holder, Jr.

MEMORANDUM

Kulwinder 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition, for review.

The BIA did not abuse its discretion in denying Kauris fourth motion to reopen as numerically-barred and untimely where the motion was filed over 12 years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Kaur failed to establish changed circumstances in India to qualify for the regulatory exception to the time and number limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (e)(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 reject Kauris contentions that the BIA failed to consider and address her supporting evidence. See Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir.2010). We…