Singh

Singh v. Gonzales

Good Law
236 F. App'x 325
United States Court of Appeals for the Ninth CircuitJune 7, 2007Nos. 04-71948, 05-74944California464 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Harjinder Singh, a native and citizen of India, seeks review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the decision of an immigration judge *327 (“IJ”) denying his 2002 motion to reopen deportation proceedings, and the BIA’s order denying his 2005 motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the determination of purely legal questions, and we review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review in No. 04-71948, and deny the petition for review in No. 05-74944.

The IJ acted within his discretion in denying Singh’s March 2002 motion to reopen as untimely because it was filed more than six years after the final removal order, see 8 C.F.R. § 1003.23 (b)(1) (formerly 8 C.F.R. § 3.23 (b)(1)), and Singh failed to present new evidence establishing changed circumstances in India, see id. at (c)(7)(C)(ii) (no time limit on the filing of motion to reopen to apply for asylum relief based on previously unavailable evidence of changed…

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