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339 F. App'x 741

Kaur v. Holder

U.S. Courts of Appeals

Decided July 27, 2009

U.S. Courts of Appeals · decided 2009-07-27

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Malty v. Ashcroft · Carlos Humberto Ordonez v. Immigration and Naturalization Service

Decided 2009-07-27

¶1MEMORANDUM …

¶2Sukhbir Kaur, 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 pursuant to 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We deny the petition for review.

¶3The BIA did not abuse its discretion in denying Kaur’s motion to reopen because it was time and number barred and Kaur failed to present evidence of changed circumstances. See 8 C.F.R. § 1003.2(c)(2); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

¶4PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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