Sukhjit Thiara v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Sukhjit Thiara v. Eric Holder, Jr., 559 F. App'x 627 (9th Cir. 2014)

Sukhjit Thiara v. Eric 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 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 by denying Thiara’s third motion to reopen as untimely and number-barred because the motion was filed more than eight years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Thiara failed to demonstrate materially changed conditions in India to qualify for the regulatory exception to the time and numerical limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987 (evidence must be “qualitatively different” from the evidence presented at the previous 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
SUKHJIT SINGH THIARA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished