BACHITAR SINGH v. JEFFERSON SESSIONS III (2017)

MEMORANDUM *

Bachitar Singh and his family, natives and citizens of India, petition for review of the Board of Immigration Appeals' (“BIA”) order denying their 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 petitioners' untimely motion to reopen because Singh failed to establish materially changed circumstances in India to qualify for the regulatory exception to the time limitation imposed on motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening). We reject Singh's contentions that the BIA failed to consider facts or conduct a sufficient analysis.

PETITION FOR REVIEW DENIED.