U.S. Court of Appeals for the Ninth Circuit, 2015

Subas Sharma v. Loretta E. Lynch

Subas Sharma v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided May 21, 2015 · Leavy, Callahan, Smith, Circúit
604 F. App'x 612

Subas Sharma v. Loretta E. Lynch

Opinion

MEMORANDUM **

Subas Sharma, a native and citizen of Nepal, petitions for review of the Board of *613 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.

In denying Sharma’s motion to reopen, the BIA determined the evidence he presented was inherently not believable and thus, there was no adequate basis for granting the untimely motion. Sharma does not challenge the BIA’s dispositive finding that his evidence was inherently unbelievable. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in party’s opening brief are waived).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provid *613 ed by 9th Cir. R. 36-3.

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