Sarup Lal v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Sarup Lal v. Eric Holder, Jr., 548 F. App'x 415 (9th Cir. 2013)

Sarup Lal v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Sarup Lal, a native and citizen of India, petitions for review of the Board of Immi *416 gration Appeals’ (“BIA”) order denying his third 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). We deny the petition for review.

The BIA did not abuse its discretion in denying Lai’s third motion to reopen as untimely and number-barred where the motion was filed over six years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Lai failed to present sufficient evidence of changed circumstances in India to qualify for the regulatory exception to the time and number limits for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89.

We reject Lai’s contention that the BIA’s typographical error constituted a misapplication or misstatement of the law. We also reject Lai’s contention that the BIA erred by considering Lai’s request for humanitarian asylum solely under its sua sponte authority.

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
SARUP LAL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished