Manjit Kaur v. Eric Holder, Jr.

MEMORANDUM

Manjit 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 an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen as untimely where the motion was filed over four years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Kaur failed to present sufficient evidence of changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h). The BIA did not abuse its discretion in concluding that the psychological evaluations did not overcome the prior adverse credibility finding. See Toufighi, 538 F.3d at 996-97 (evidence was irrelevant in light of the agency’s previous adverse credibility findings).

The BIA did not abuse its discretion in not addressing Kaur’s CAT claim separately because Kaur failed to point to any other evidence, apart from her not…