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Singh v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
No. 10-72879 (9th Cir. Oct. 12, 2012)

Opinion

No. 10-72879 Agency No. A077-844-545

10-12-2012

SOHAN SINGH, 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NOT FOR PUBLICATION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: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Sohan 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 denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh's motion to reopen as untimely where it was filed almost four years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to present material evidence of changed circumstances to qualify for the regulatory exception to the time limit for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987 (new evidence must be qualitatively different from the evidence presented at the prior proceeding to be material).

PETITION FOR REVIEW DENIED.


Summaries of

Singh v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
No. 10-72879 (9th Cir. Oct. 12, 2012)
Case details for

Singh v. Holder

Case Details

Full title:SOHAN SINGH, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 12, 2012

Citations

No. 10-72879 (9th Cir. Oct. 12, 2012)