U.S. Court of Appeals for the Ninth Circuit, 2010

Saleh v. Holder

Saleh v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided August 2, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 700

Saleh v. Holder

Opinion

MEMORANDUM **

Kulwant Singh Bains, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his motion to reopen his deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), we deny the petition for review.

The IJ did not abuse her discretion in denying Bains’ motion to reopen because the. record shows that he was personally served with a hearing notice ordering him to appear on March 26, 1997, see 8 U.S.C. § 1252b(a)(2),(c)(1) (repealed 1996), and because he failed to demonstrate changed circumstances in India, see Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a *701 legitimate claim for asylum now has a well-founded fear of future persecution.”).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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