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NOT FOR PUBLICATION AUG 16 2013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
KIRPAL SINGH, No. 11-72699
Petitioner, Agency No. A070-456-177
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.
Kirpal 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), and we deny the petition for review.
The BIA did not abuse its discretion in denying Singh’s motion to reopen as
untimely because the motion was filed seven months after the BIA’s final decision,
see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish materially changed
circumstances in India to qualify for the regulatory exception to the time
limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597
F.3d at 988-89 (evidence of changed circumstances must be qualitatively different
from what could have been presented at prior hearing). Because our review is
limited to the grounds relied upon by the BIA, we decline to address Singh’s
argument that he established prima facie eligibility for relief. See id. at 991-992.
PETITION FOR REVIEW DENIED.
2 11-72699