SUKHWINDER SINGH AKA v. JEFF SESSIONS (2017)

MEMORANDUM *

Sukhwinder 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 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.

We do not consider Singh's challenges to the adverse credibility determination which the agency made in Singh's underlying proceedings, and which this court previously reviewed in Singh v. Holder, No. 10-72011, 570 Fed. Appx. 644, 2014 WL 1492729 (9th Cir. 2014).

The BIA did not abuse its discretion in denying Singh's motion to reopen where he filed it more than three years after the BIA's final decision, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish changed country conditions in India to qualify for the regulatory exception to the time limit for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (underlying adverse credibility determination rendered evidence of changed circumstances immaterial).

PETITION FOR REVIEW DENIED.