FILED
NOT FOR PUBLICATION MAY 24 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SURINDER KAUR, No. 10-71823
Petitioner, Agency Nos. A076-858-660
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Surinder Kaur, native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
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 Kaur’s untimely motion to
reopen where the motion was filed over four years after the BIA’s final decision,
see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to establish changed circumstances in
India material to her claim to qualify for the regulatory exception to the time
limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97
(underlying adverse credibility determination rendered evidence of changed
circumstances immaterial).
PETITION FOR REVIEW DENIED.
2 10-71823