Shankar

Shankar v. Holder

Good Law
467 F. App'x 567
United States Court of Appeals for the Ninth CircuitJanuary 24, 2012No. 08-73210California316 words

Opinion

lead Opinion

MEMORANDUM **

Sanj aline Radhika Shankar, Roneel Shankar, and Bijai Kumari Shankar, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely where the motion was filed over six years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to present sufficient evidence of changed circumstances in Fiji to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”). We reject petitioners’ contention that the BIA applied the wrong legal standard in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.