Singh

Singh v. Ashcroft

Good Law
118 F. App'x 317
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-72396; Agency No. A77-818-456California299 words

Opinion

Lead Opinion

MEMORANDUM **

Balwinder Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his removal proceedings. We have partial jurisdiction pursuant to 8 U.S.C. § 1252 . We dismiss *318 the petition for review in part and deny it in part.

To the extent that Singh challenges the BIA’s failure to exercise its discretionary authority to reopen his proceedings sua sponte, we lack jurisdiction to review this claim. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

Reviewing the BIA’s denial of Singh’s motion to reopen for abuse of discretion, we conclude that the Board did not act arbitrarily, irrationally, or contrary to law. See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). Singh’s motion to reopen stated that he would “later supplement this motion to reopen with a sworn declaration and a brief setting forth legal and factual analysis in support of the present motion.” No such documentation was submitted to the BIA in the three months leading up to its decision, however, and Singh has offered no explanation of why that time period was insufficient. This is not a case in which “counsel’s…

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