Singh
Singh v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Kewal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on changed country conditions and ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011). 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 where the motion was filed more than five years after his removal order became final, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to demonstrate a material change in circumstances in India to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2 (c)(3)(ii).
In his opening brief, Singh fails to raise, and therefore has waived, any challenge to the BIA’s determination that he failed to demonstrate the due diligence required for equitable tolling of the filing deadline based on the alleged ineffective assistance of prior counsel. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011)…