Kaur

Kaur v. Gonzales

Good Law
184 F. App'x 677
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-74145California240 words

Opinion

Lead Opinion

MEMORANDUM **

Pritam Kaur, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying as untimely her motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion, see Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA acted within its discretion in denying Kaur’s third motion to reopen, filed more than one year after the BIA’s final removal order, as both untimely and numerically barred, see 8 C.F.R. § 1003.2 (c)(2) (permitting only one motion to reopen to be filed within ninety days of BIA’s decision), where Kaur failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time and numerical limitations, see 8 C.F.R. § 1003.2 (e)(3)(ii).

*678 We are without jurisdiction to review Kaur’s challenge to the BIA’s February 24, 2003 dismissal of her appeal on the merits, because this petition for review is not timely as to that decision. See 8 U.S.C. § 1252 (b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

PETITION…

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