FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SHARANJIT JASWAL, No. 08-74455
Petitioner, Agency No. A079-417-399
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Sharanjit Jaswal, 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
*
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. 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 Jaswal’s motion to reopen as
untimely, because he filed it nearly four and a half years after the BIA issued its
final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Jaswal failed to
demonstrate 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 v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (requiring movant to
produce material evidence with motion to reopen that conditions in country of
nationality had changed).
We do not address Jaswal’s contention that the BIA failed to address his
claim under the Convention Against Torture because the denial of his motion to
reopen for failure to establish changed country conditions is dispositive.
Finally, we reject Jaswal’s contentions that the BIA failed to consider
evidence presented with the motion to reopen, failed to adequately explain its
reasoning for its decision, and erred by relying on the agency’s prior adverse
credibility determination, because they are belied by the record.
PETITION FOR REVIEW DENIED.
2 08-74455
3 08-74455