Singh

Singh v. Holder

Good Law
334 F. App'x 862
United States Court of Appeals for the Ninth CircuitOctober 26, 2009No. 06-75284California331 words

Opinion

Lead Opinion

MEMORANDUM **

Harjit Singh and his wife Kulbir Kaur, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying Singh’s motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003), and we review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen for adjustment of status and to reapply for asylum and related relief because Singh’s motion was untimely, see 8 C.F.R. § 1003.2 (c); Alali-Amin v. Mukasey, 523 F.3d 1039, 1041-42 (9th Cir.2008), Singh failed to establish changed country conditions in India or other special circumstances that would warrant reopening, see 8 C.F.R. § 1003.2 (c)(3)(h); Azanor v. Ashcroft, 364 F.3d 1013, 1021-22 (9th Cir.2004), and Singh failed to establish his prima facie eligibility for relief, see Ordonez, 345 F.3d at 784 (to establish a prima facie case, the evidence must reveal a reasonable likelihood that the statutory requirements…

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