Opinion
No. 08-73382.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 25, 2010.
Theodore Cox, Esquire, Law Offices of Theodore Cox, New York, NY, for Petitioner.
Samia Naseem, Oil, John Clifford Cunningham, I, Esquire, Senior Litigation Counsel, Blair O'Connor, Assistant Director, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A096-145-170.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Gurvinder Singh, a native and citizen of India, petitions for review for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. We have jurisdiction under 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 the petition for review.
The BIA did not abuse its discretion in denying Singh's motion to reopen as time-barred because it was filed one year after the BIA's final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Singh did not demonstrate that equitable tolling was warranted, see Iturribarria, 321 F.3d at 897.
Singh's contention that the BIA abused its discretion by failing to consider his claim against Mr. Heera is not supported by the record.