Singh v. Holder

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 14 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS GURJEET SINGH, No. 07-74684 Petitioner, Agency No. A075-314-539 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. Gurjeet Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his third motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We deny * 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). the petition for review. In his opening brief, Singh fails to address, and therefore has waived any challenge to, the BIA’s determinations that the motion to reopen failed to qualify for an exception to the regulatory time and numerical filing limitations, and failed to establish grounds for equitable tolling. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived). PETITION FOR REVIEW DENIED. 2 07-74684