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362 F. App'x 820

Kaur v. Holder

U.S. Courts of Appeals

Decided January 21, 2010

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U.S. Courts of Appeals · decided 2010-01-21

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

Relies on Iturribarria v. Immigration & Naturalization Service · Malty v. Ashcroft

Decided 2010-01-21

¶1 MEMORANDUM

¶2 Kulwinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, *821321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

¶3 The BIA did not abuse its discretion in denying Kaur’s motion to reopen because the motion was filed three years after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Kara* failed to present sufficient evidence of changed circumstances in India to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004).

¶4 PETITION 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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