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

Sukhjit Thiara v. Eric H. Holder Jr.

Sukhjit Thiara v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 23, 2011 · Canby, O'Scannlain, Fisher
439 F. App'x 625

Sukhjit Thiara v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Sukhjit Singh Thiara, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Thiara’s second motion to reopen as time-barred and number-barred where the successive motion was filed over six years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Thiara failed to present sufficient evidence of changed circumstances in India to qualify for an exception to the time and number limits, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi 538 F.3d at 996-97 (underlying adverse credibility determination rendered evidence of changed circumstances immaterial).

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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