Harjinder Singh v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 20 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT HARJINDER SINGH, No. 11-70102 Petitioner, Agency No. A075-246-742 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Harjinder 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 * 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). an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review. The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely where the motion was filed over three years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Singh 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, and where an affidavit presented by Singh failed to overcome the immigration judge’s prior adverse credibility finding, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97 (petitioner failed to establish a prima facie case for relief in light of the immigration judge’s conclusive findings on his underlying claim). PETITION FOR REVIEW DENIED. 2 11-70102