Singh v. Keisler

MEMORANDUM *** Nirbhair 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 pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, see Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review. The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely where Singh filed the motion more than two years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and failed to submit evidence of new and material changed country conditions in India that would excuse the late filing, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (requiring circumstances to “have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution”). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.