FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AMAR JEET SHARMA, No. 09-70056
Petitioner, Agency No. A096-338-634
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Amar Jeet Sharma, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her 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).
abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d
988, 992 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Sharma’s motion to reopen
because it was untimely, see 8 C.F.R. § 1003.2(c)(2), and Sharma 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); see also Toufighi, 538 F.3d at 996-97 (underlying adverse
credibility determination rendered evidence of changed circumstances immaterial).
PETITION FOR REVIEW DENIED.
2 09-70056