U.S. Court of Appeals for the Ninth Circuit, 2013

Kuldip Singh v. Eric Holder, Jr.

Kuldip Singh v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 21, 2013 · Fisher, Gould, Bybee
542 F. App'x 681

Kuldip Singh v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Kuldip Singh and his family, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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, 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 petitioners’ motion to reopen as untimely because the motion was filed nearly five years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(h); Najmabadi, 597 F.3d at 989-90.

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.

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