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362 F. App'x 762

Singh v. Holder

U.S. Courts of Appeals

Decided January 20, 2010

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U.S. Courts of Appeals · decided 2010-01-20

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

Relies on Lara-Torres v. Ashcroft · Bhasin v. Gonzales

Decided 2010-01-20

¶1 MEMORANDUM

¶2 Surinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), we deny the petition for review.

¶3 The agency did not abuse its discretion in denying Singh’s second motion to reopen because he failed to demonstrate the evidence he submitted was previously unavailable. See 8 C.F.R. § 1003.23(b)(3); Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir.2005).

¶4 Petitioner’s remaining contentions are unpersuasive.

¶5 PETITION FOR REVIEW DENIED.

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

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