Singh

Singh v. Mukasey

Good Law
289 F. App'x 264
United States Court of Appeals for the Ninth CircuitAugust 19, 2008No. 08-70574California326 words

Opinion

Lead Opinion

*265 MEMORANDUM **

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

We review the BIA’s denial of a motion to reopen for abuse of discretion. See Rodriguez-Lanz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002).

The regulations provide that “a party may file only one motion to reopen,” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” See 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely because it was filed on December 18, 2007, more than 90 days after the March 23, 1998 final administrative decision. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). Further, the BIA did not abuse its discretion in concluding that petitioner failed to show that reopening was warranted based on changed circumstances in India. See 8 C.F.R. § 1003.2 (c)(3)(ii); Malty v. Ashcroft, 381 F.3d 942, 945-47 (9th Cir. 2004). Accordingly, respondent’s motion for summary disposition in part is granted because the questions…

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