Singh

Singh v. Immigration & Naturalization Service

Good Law
55 F. App'x 458
United States Court of Appeals for the Ninth CircuitJanuary 22, 2003No. 02-70140; INS No. A70-863-888California256 words

Opinion

Lead Opinion

MEMORANDUM **

Ajit Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming an Immigration Judge’s decision denying his request for asylum and withholding of deportation and the BIA’s subsequent decision denying as untimely Singh’s motion to reopen his deportation proceedings. We dismiss in part and deny in part the petition for review.

Singh filed his petition for review over 30 days after the BIA’s final decision on his asylum and withholding of deportation claims. Consequently, we lack jurisdiction to review those claims. See Narayan v. INS, 105 F.3d 1335, 1335 (9th Cir.1997) (order).

We have jurisdiction over the BIA’s decision denying Singh’s motion to reopen, and review for abuse of discretion. See Mejia v. Ashcroft, 298 F.3d 873, 876 (9th Cir.2002). The BIA did not abuse its discretion when it denied Singh’s motion to reopen as untimely because the BIA satisfied its statutory notice requirements by mailing notice of its decision to the address of record for petitioner’s attorney. See Dobrota v. INS, 311 F.3d 1206, 1211 (9th Cir.2002). Furthermore, principles of equitable tolling cannot be considered in…

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