Kaur

Kaur v. Gonzales

Good Law
139 F. App'x 870
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-72653California315 words

Opinion

Lead Opinion

MEMORANDUM **

Daljit Kaur, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen to apply for adjustment of status and to reopen her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have partial jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. See de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We are without jurisdiction to review Kaur’s arguments related to the BIA’s final removal order entered on March 9, 2004, because Kaur did not file a timely petition for review of that order. See 8 U.S.C. § 1252 (b); Stone v. INS, 514 U.S. 386, 405-06 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995).

The BIA did not abuse its discretion in denying Kaur’s motion to reopen removal proceedings based on changed country conditions arising in India because Kaur provided no evidence to establish prima facie eligibility for relief. See 8 C.F.R. § 1003.2 (c)(1); Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th…

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