Balraj Singh v. Eric Holder, Jr.

MEMORANDUM

Balraj Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s 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 Singh’s motion to reopen as untimely because the motion was filed almost seven years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to present material evidence of changed circumstances in India to qualify for the regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir.2008)(“Aliens who seek to remand or reopen proceedings to pursue relief bear a ‘heavy burden’ of proving that, if proceedings were reopened, the new evidence would likely change the result in the case.”)(quoting Matter of Coelho, 20 I. & N. Dec. 464, 473 (BIA 1992)).

We reject Singh’s contentions that the BIA failed to…