U.S. Court of Appeals for the Ninth Circuit, 2018

Surinder Kaur v. Jefferson Sessions

Surinder Kaur v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2018

Surinder Kaur v. Jefferson Sessions

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SURINDER KAUR, No. 14-72889 Petitioner, Agency No. A076-858-660 v. JEFFERSON B. SESSIONS III, Attorney MEMORANDUM* General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

Surinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Kaur’s second motion to reopen as untimely where the motion was filed more than eight years after the BIA’s final order, see 8 C.F.R § 1003.2(c)(2), and where Kaur failed to demonstrate changed country conditions in India to qualify for the regulatory exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence immaterial in light of prior adverse credibility determination); see also Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED.

2 14-72889

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