Sukhjit Thiara v. Eric H. Holder Jr. , 439 F. App'x 625 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SUKHJIT SINGH THIARA, No. 08-71751
Petitioner, Agency No. A078-358-822
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Sukhjit Singh Thiara, 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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d
988, 992 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Thiara’s second motion to
reopen as time-barred and number-barred where the successive motion was filed
over six years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and
Thiara failed to present sufficient evidence of changed circumstances in India to
qualify for an exception to the time and number limits, see 8 C.F.R. § 1003.2(c)(3)
(ii); see also Toufighi, 538 F.3d at 996-97 (underlying adverse credibility
determination rendered evidence of changed circumstances immaterial).
PETITION FOR REVIEW DENIED.
2 08-71751