Singh

Singh v. Gonzales

Good Law
176 F. App'x 804
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-75601California335 words

Opinion

Lead Opinion

MEMORANDUM **

Shamsher Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen to apply for adjustment of status and to reapply for asylum, withholding of removal, and relief under the Convention Against Torture. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely because Singh filed it more than one year 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). Further, Singh failed to adequately show changed circumstances in India, see 8 C.F.R. § 1003.2 (c)(3)(ii), or to demonstrate eligibility for equitable tolling, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (equitable tolling applies where the party was ignorant of the limitations period due to circumstances beyond…

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