Sukhbir Singh v. Eric Holder, Jr. , 473 F. App'x 671 ( 2012 )

FILED
NOT FOR PUBLICATION MAY 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SUKHBIR SINGH, Nos. 10-71058
10-72769
Petitioner, Agency No. A074-226-701
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Sukhbir Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for relief under the
Convention Against Torture (“CAT”), and of the BIA’s order denying his motion
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006), and we review for abuse of discretion the denial of a motion to reopen,
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petitions for
review.
Singh fears harm in India based on a family dispute related to an arranged
marriage and subsequent divorce proceedings. Substantial evidence supports the
agency’s finding that Singh failed to establish that it is more likely than not he will
be tortured upon return to India. See Soriano v. Holder, 569 F.3d 1162, 1167 (9th
Cir. 2009). Accordingly, Singh’s CAT claim fails.
In addition, the BIA did not abuse its discretion in denying Singh’s untimely
motion to reopen because it considered the evidence and acted within its broad
discretion in determining that Singh did not establish prima facie eligibility for
CAT relief. See Fernandez v. Gonzales, 439 F.3d 592, 595 (9th Cir. 2006).
PETITIONS FOR REVIEW DENIED.
10-71058