Tra Bi Jean v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Tra Bi Jean v. Loretta E. Lynch, 623 F. App'x 384 (9th Cir. 2015)

Tra Bi Jean v. Loretta E. Lynch

Opinion

MEMORANDUM **

Jaspreet Singh, 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), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen because it was filed more than five years after his order of removal became final, 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 limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening); see also Toufighi v. Mu-kasey, 538 F.3d 988, 996-97 (9th Cir. 2007) (evidence was immaterial in light of prior adverse credibility determination).

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
Jaspreet SINGH, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished