Agus Widada v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Agus Widada v. Eric Holder, Jr., 551 F. App'x 403 (9th Cir. 2013)
Goodwin, Graber, Wallace

Agus Widada v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Kulwinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of 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 motion to reopen as untimely because the motion was filed over seven years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish materially changed circumstances in India to qualify for the regulatory exception to the time limitation for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing).

We reject Singh’s contentions that the BIA failed to address adequately his evidence or arguments, or to explain adequately its decision. See Najmabadi, 597 F.3d at 990 (the BIA “does not have to write an exegesis on every contention”).

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Unpublished