Dilbag Singh v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit October 25, 2010

Dilbag Singh v. Eric H. Holder Jr., 400 F. App'x 299 (9th Cir. 2010)

Opinion

MEMORANDUM **

Dilbag Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely Singh’s motion to reopen because the motion was filed almost 10 years after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Singh did not show that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

PETITION FOR REVIEW DENIED.

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

Reference

Full Case Name: Dilbag SINGH, A.K.A. Dilbagh Singh, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status: Unpublished