Murti
Murti v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Ram Murti, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings based on changed country conditions. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 . We review for an abuse of discretion, see Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.
Murti does not dispute that his motion to reopen was filed more than ninety days after the BIA’s June 23, 2004 decision. See 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in concluding that evidence of historical discrimination faced by Dalit caste members and of ongoing tensions between Sikhs and Indian authorities failed to establish that circumstances have changed in India so that Murti now has a well-founded fear of future persecution. See 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty, 381 F.3d at 945 . The articles and Murti’s affidavit were too general to establish changed circumstances in India. See Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999).