Jaspreet Singh v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUL 06 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JASPREET SINGH, No. 10-71109 Petitioner, Agency No. A079-280-745 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Jaspreet Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). 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 untimely motion to reopen where the motion was filed over three and a half years after the agency’s final order, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish changed circumstances in India that were material to his claims such that he would qualify for the regulatory exception to the time limitation. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90. PETITION FOR REVIEW DENIED. 2 10-71109