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

Sukhnand Singh v. Loretta E. Lynch

Sukhnand Singh v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided July 7, 2015 · Hawkins, Graber, Fletcher
609 F. App'x 467

Sukhnand Singh v. Loretta E. Lynch

Opinion

MEMORANDUM **

Juan Miranda-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. 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 Miranda-Sanchez’s motion to reopen as untimely because it was filed more than one year after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Miranda-Sanchez did not establish materially changed circumstances in Mexico to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence did not establish materially changed country conditions since petitioner’s prior hearing). In light of this conclusion, we do not reach Miranda-Sanchez’s remaining contentions.

PETITION FOR REVIEW DENIED.

**

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

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