Singh

Singh v. Mukasey

Good Law
286 F. App'x 420
United States Court of Appeals for the Ninth CircuitJuly 28, 2008No. 07-74745California273 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s second motion to reopen proceedings.

The BIA did not abuse its discretion in denying petitioner’s motion to reopen because the motion to reopen was untimely and numerically-barred. See 8 U.S.C. § 1229a(c)(7)(A)(i); 8 C.F.R. § 1003.2 (c)(2), (3); Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). Moreover, although petitioner does not challenge the BIA’s determination that he failed to submit material evidence of changed country conditions in support of his motion, the BIA did not abuse its discretion in making that determination. Accordingly, the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

Finally, this court lacks jurisdiction to consider petitioner’s unexhausted claims that could have been corrected by the Board of Immigration Appeals. See 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). This court also lacks jurisdiction to review the BIA’s discretionary decision to decline to exercise its…

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