Harpindr Chahal v. Eric H. Holder Jr.

MEMORANDUM

Harpinder S. Chahal and Gurmeet K. Chahal, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

The BIA did not abuse its discretion in denying Petitioners’ motion to reopen as untimely and numerically barred, or in finding that Petitioners failed to present sufficient evidence to qualify for the changed country conditions exception. See 8 U.S.C. § 1229a(c)(7)(A), (C)(i), (ii); 8 C.F.R. § 1003.2 (c)(2), (3)(ii). Petitioners cannot avoid the effect of the IJ’s adverse credibility determination by reframing their claim of past persecution as a claim based on future persecution. Toufighi v. Mukasey, 538 F.3d 988, 995-97 (9th Cir.2008) (underlying adverse credibility determination regarding claim of past persecution rendered evidence of changed country conditions immaterial). And even if they could, the BIA did not abuse its discretion in determining that the new evidence submitted in the motion to…