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Balaggan v. Gonzales

United States Court of Appeals, Ninth Circuit
Sep 15, 2005
143 F. App'x 835 (9th Cir. 2005)

Opinion

Submitted September 12, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Hector M. Roman, Jackson Heights, NY, for Petitioners.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, OIL, DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.


On Petition for Review of an Order of the Board of Immigration Appeals.

Before REINHARDT, RYMER, and HAWKINS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Arvindjit Kaur Balaggan, her husband Gurmit Singh Balaggan, and their son Prabhjot Singh Balaggan, natives and citizens of India, petition pro se for review of the Board of Immigration Appeals' ("BIA") denial of their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen.

Page 836.

See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion by denying the petitioners' motion to reopen filed more than ninety days after the BIA's final order of removal, because the evidence submitted was insufficient to establish changed circumstances in India. See 8 C.F.R. § 1003.2(c)(3)(ii) (stating that the ninety-day time limitation for filing a motion to reopen shall not apply to asylum applications based on changed circumstances); Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999) (upholding denial of motion to reopen where petitioner's evidence of changed circumstances was too general in nature to demonstrate a well-founded fear of persecution).

PETITION FOR REVIEW DENIED.


Summaries of

Balaggan v. Gonzales

United States Court of Appeals, Ninth Circuit
Sep 15, 2005
143 F. App'x 835 (9th Cir. 2005)
Case details for

Balaggan v. Gonzales

Case Details

Full title:Arvindjit Kaur BALAGGAN; et al., Petitioners, v. Alberto R. GONZALES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 15, 2005

Citations

143 F. App'x 835 (9th Cir. 2005)