Singh

Singh v. Gonzales

Good Law
125 F. App'x 876
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-70033, A76-675-009California274 words

Opinion

Lead Opinion

MEMORANDUM ***

Daljit Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of *877 discretion, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000), we deny the petition for review.

The BIA properly held that Singh’s motion to reopen was untimely because Singh filed it more than five months after the final administrative decision. See 8 C.F.R. § 1003.2 (c)(2) (generally requiring that a motion to reopen be filed within 90 days after a final decision is rendered). Moreover, as the BIA mailed its April 11, 2003 decision to the last address provided by Singh’s counsel, Singh’s claim that he did not have sufficient notice of the decision fails. See Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997) (finding notice sent by regular mail to last address provided by alien satisfies requirements of constitutional due process); Urbina-Osejo v. INS, 124 F.3d 1314, 1317 (9th Cir.1997) (holding that where notice was sent via constitutionally adequate method, petitioner must present “substantial and probative evidence”…

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