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

Singh v. Holder

Singh v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided September 22, 2010 · Silverman, Callahan, Smith
396 F. App'x 387

Singh v. Holder

Opinion

MEMORANDUM **

Amrik Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen exclusion proceedings to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 *388 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s third motion to reopen as untimely and number-barred where the motion was filed almost two years after the final administrative order was entered in his case, see 8 C.F.R. § 1003.2(c)(2), and he failed to demonstrate that he was eligible for an exception to the regulatory limitations based on changed circumstances, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 991 (9th Cir. 2010)

Singh’s remaining contentions are unpersuasive.

PETITION FOR REVIEW DENIED.

**

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

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