Singh v. Holder , 383 F. App'x 658 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANDEEP SINGH, No. 07-74979
Petitioner, Agency No. A073-416-909
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Mandeep Singh, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion,
*
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).
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), 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 two years after the BIA’s December 3, 2004, order
dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen
generally must be filed within 90 days of the final administrative order), and Singh
failed to establish grounds for equitable tolling, see Iturribarria, 321 F.3d at 897-
98.
PETITION FOR REVIEW DENIED.
2 07-74979