Opinion
No. 08-72751 Agency No. A079-268-794
01-23-2012
HARVINDER KAUR, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Harvinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her second motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Kaur's second motion to reopen because it was untimely and numerically-barred, see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to establish changed circumstances in India to qualify for the regulatory exception to the time and number limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008). Kaur's contentions that the BIA improperly analyzed her claim and failed to adequately explain its decision are belied by the record.
We lack jurisdiction to consider Kaur's contentions regarding the BIA's February 28, 2007, order denying her first motion to reopen because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). In addition, although Kaur contends otherwise, we lack jurisdiction to review the BIA's decision not to sua sponte reopen removal proceedings. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.