Gurvinder Singh v. Eric H. Holder Jr.

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

Gurvinder Singh v. Eric H. Holder Jr., 400 F. App'x 298 (9th Cir. 2010)

Opinion

MEMORANDUM **

Gurvinder Singh, a native and citizen of India, petitions for review 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 deni *299 al of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen as time-barred because it was filed one year after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Singh did not demonstrate that equitable tolling was warranted, see Iturribarria, 321 F.3d at 897.

Singh’s contention that the BIA abused its discretion by failing to consider his claim against Mr. Heera is not supported by the record.

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.

Reference

Full Case Name: Gurvinder SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status: Unpublished