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698 F. App'x 369

Singh v. Sessions

U.S. Courts of Appeals

Decided October 3, 2017

U.S. Courts of Appeals · decided 2017-10-03

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

Relies on Najmabadi v. Holder · Toufighi v. Mukasey

Decided 2017-10-03

¶1MEMORANDUM

¶2Harjinder 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 abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

¶3The BIA did not abuse its discretion by denying Singh’s motion to reopen where it was untimely and number-barred, see 8 C.F.R. § 1003.2(c)(2), and where Singh failed to establish materially changed circumstances in India to qualify for the regulatory exception to the time and number limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008) (evidence immaterial in light of prior adverse credibility determination).

¶4PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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