Sandhu

Sandhu v. Holder

Good Law
471 F. App'x 711
United States Court of Appeals for the Ninth CircuitMarch 13, 2012No. 09-71656California292 words

Opinion

Lead Opinion

MEMORANDUM **

Daljit Singh Sandhu, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Sandhu’s motion to reopen as untimely where the motion was filed six years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Sandhu failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2 (c)(3)(h); Najmabadi v. Holder, 597 F.3d 983, 989-90 (9th Cir.2010).

We reject Sandhu’s contention that the BIA did not adequately examine his evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006) (petitioner did not overcome the presumption that the BIA reviewed the record); see also Najmabadi, 597 F.3d at 990 (the BIA “does not have to write an exegesis on every contention”). Further, Sandhu’s contentions that the BIA failed to apply the…

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