U.S. Court of Appeals for the Ninth Circuit, 2017

Bachitar Singh v. Jefferson Sessions

Bachitar Singh v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2017 · Farris, Fernandez, Goodwin
680 F. App'x 547

Bachitar Singh v. Jefferson Sessions

Opinion

MEMORANDUM **

Bachitar 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 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 petitioners’ untimely motion to reopen because Singh failed to establish materially changed circumstances in India to qualify for the regulatory exception to the time limitation imposed on 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). We reject Singh’s contentions that the BIA failed to consider facts or conduct a sufficient analysis.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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