Joghinder Singh v. Eric Holder, Jr. , 548 F. App'x 442 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 9 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOGHINDER SINGH, No. 12-70227
Petitioner, Agency No. A095-584-627
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Joghinder 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
*
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).
an abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538
F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.
The BIA did not abuse its discretion in denying Singh’s untimely second
motion to reopen where Singh filed the motion over four years after the BIA’s final
decision, see 8 C.F.R. § 1003.2(c)(2), and failed to establish prima facie eligibility
for relief, see Toufighi, 538 F.3d at 996-97. We reject Singh’s contention the BIA
failed to properly address his evidence, or otherwise abused its discretion in
considering his claims. See id. at 992 (“This Court defers to the Board’s exercise
of discretion unless it acted arbitrarily, irrationally or contrary to law.”).
PETITION FOR REVIEW DENIED.
2 12-70227