Hardeep Bhamra v. Eric Holder, Jr.

Good Law
479 F. App'x 116
United States Court of Appeals for the Ninth CircuitSeptember 17, 201210-71618California214 words

Opinion

Opinion

MEMORANDUM

Hardeep Singh Bhamra, a native and citizen of India, petitions for review of a Board of Immigrations Appeals’ (“BIA”) order denying his second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Bhamra’s motion to reopen as untimely because the motion was filed over five years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (e)(2), and Bhamra did not establish a material change in country conditions, see 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.”).

Petitioner has waived any challenge to the BIA’s findings regarding ineffective assistance of counsel. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (“Issues raised in a brief that are not supported by argument are deemed abandoned.”).

PETITION FOR…

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