Singh

MEMORANDUM **

Balraj Singh, a native and citizen of India, petitions for review of the decision by the Board of Immigration Appeals (“Board”) denying his motion to reopen deportation proceedings to apply for adjustment of status. Because this is a transitional rules case, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to former 8 U.S.C. § 1105a(a) (repealed). Reviewing for abuse of discretion, Shaar v. INS, 141 F.3d 953, 955 (9th Cir.1998), we deny the petition for review.

Singh is ineligible for adjustment of status because he failed to depart during the thirty-day voluntary departure period previously established by the Board in his case. See 8 U.S.C. § 1252b(e)(2)(A) (repealed) (explaining that failure to depart during the specified time period results in a five-year bar to certain forms of discretionary relief, absent “exceptional circumstances”). Therefore, the Board did not abuse its discretion in denying his motion to reopen to apply for adjustment of status. See Shaar, 141 F.3d at 957 (holding that Board did not abuse its discretion in denying motion to reopen to apply for discretionary relief when aliens did not depart within the…