U.S. Court of Appeals for the Ninth Circuit, 2011

Rajwinder Kaur v. Eric H. Holder Jr.

Rajwinder Kaur v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 14, 2011 · Fletcher, Clifton, Bea
427 F. App'x 565

Rajwinder Kaur v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Rajwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, 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 Kaur’s motion to reopen as untimely where the motion was filed more than a year after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to establish changed circumstances in India to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(h); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (requiring movant to produce material evidence with motion to reopen that conditions in country of nationality had changed).

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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