Ram

Ram v. Holder

Good Law
376 F. App'x 685
United States Court of Appeals for the Ninth CircuitApril 16, 2010No. 07-71978California260 words

Opinion

Lead Opinion

MEMORANDUM **

Jagdev Ram, a native and citizen of India, petitions for review of the Board of *686 Immigration Appeals’ (“BIA”) order denying Ram’s motion to reopen removal proceedings. We have jurisdiction under 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 deny the petition for review.

The BIA did not abuse its discretion in denying Ram’s motion to reopen because Ram’s motion was untimely, see 8 C.F.R. § 1003.2 (c)(2), and Ram failed to establish changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); 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.”).

Furthermore, we decline to reconsider Ram’s challenge to the agency denial of his claim for relief under the Convention Against Torture because his contentions have already been considered and rejected by this court. See Ram v.…

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