Grewal

Grewal v. Immigration & Naturalization Service

Good Law
31 F. App'x 405
United States Court of Appeals for the Ninth CircuitFebruary 20, 2002No. 00-71241, INS A73-422-500; INS No. A73-422-500California401 words

Opinion

Lead Opinion

MEMORANDUM **

Harinder Singh Grewal, a native and citizen of India, petitions for review of a final decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen his deportation proceedings before the immigration judge. We have jurisdiction to review a final order of the BIA pursuant to 8 U.S.C. § llOSafa), 1 and we deny the petition.

We review for abuse of discretion the BIA’s determination that Grewal did not present previously unavailable evidence justifying the reopening of deportation proceedings pursuant to 8 C.F.R. § 3.2 (c)(1). See INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). The BIA did not abuse its discretion in finding that Grewal could have discovered the evidence accompanying his motion to reopen prior to the deportation proceedings. See id. at 326 , 112 S.Ct. 719 (“it was well within [the Attorney General’s] broad discretion in considering motions to reopen to decide that the material adduced by respondent could have been foreseen or anticipated at the time of the earlier proceeding”). The BIA did not abuse its discretion in finding that the Department of State Country Report refuted Grewal’s contention that…

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