Joga Singh v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 16 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOGA SINGH, No. 11-73616
Petitioner, Agency No. A079-570-221
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 14, 2013 **
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Joga 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 abuse of
*
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).
discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d
983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Singh’s motion to reopen as
untimely where the motion was filed over three years after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and Singh failed to present sufficient evidence of
changed circumstances in India to qualify for the regulatory exception to the time
limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Malty v.
Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is . . . whether
circumstances have changed sufficiently that a petitioner who previously did not
have a legitimate claim for asylum now has a well-founded fear of future
persecution.”).
PETITION FOR REVIEW DENIED.
2 11-73616