Singh

Singh v. Mukasey

Good Law
286 F. App'x 988
United States Court of Appeals for the Ninth CircuitJuly 23, 2008No. 07-74512California279 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of a Board of Immigration Appeals’ (“BIA”) denial of petitioner’s third motion to reopen. We review the BIA’s denial of a motion to reopen for abuse of discretion. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002).

The BIA denied petitioner’s motion to reopen as both time and number barred under 8 U.S.C. § 1229a(c)(7)(A) and (C); 8 C.F.R. § 1003.2 (c)(2) (providing time and number limitations). Petitioner sought reopening based on his changed personal circumstances in that he married an asylee who had obtained asylum status prior to their marriage. The BIA did not abuse its discretion in denying the motion to reopen because petitioner exceeded the time and number limitations to motions to reopen and did not demonstrate changed country *989 conditions in India. See Chen v. Mukasey, 524 F.3d 1028, 1032 (9th Cir.2008) (holding that an alien subject to a final order of removal who exceeds the time and number limits to motions to reopen and seeks to apply for asylum must meet the § 1229a(c)(7) exceptions for changed country conditions).

Accordingly, respondent’s motion for summary disposition is granted because the questions…

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