Dulla Singh v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Dulla Singh v. Eric Holder, Jr., 490 F. App'x 927 (9th Cir. 2012)
Goodwin, Wallace, Fisher

Dulla Singh v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Dulla Singh, 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 BIA’s denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s second motion to reopen as untimely and number-barred because the motion was filed nearly five years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish changed circumstances in India to qualify for the regulatory exception to the time and number limitations, see 8 C.F.R. § 1003.2(c)(3)(h); Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing).

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
Dulla SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished