Lakhveer Singh v. Loretta E. Lynch

653 F. App'x 886

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 2, 2016
• Docket: 14-70261
• Status: Unpublished

Opinion

MEMORANDUM **

Lakhveer Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his third 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), and we deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s third motion to reopen because it was untimely and number-barred, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to demonstrate material changed circumstances in India to qualify for a regulatory exception for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(1), (3)(ii); Najmabadi, 597 F.3d at 991-92 (evidence must be qualitatively different” to warrant reopening); Patel v. INS, 741 F.2d 1134, 1137 (9th Cir.1984) (“[I]n the context of a' motion to reopen, the BIA is not required to consider allegations unsupported by affidavits or other evidentiary material.”).

PETITION FOR REVIEW DENIED.

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