KAUR v. SESSIONS III (2018)

MEMORANDUM **

Surinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. 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.

The BIA did not abuse its discretion in denying Kaur’s second motion to reopen as untimely where the motion was filed more than eight years after the BIA’s final order, see 8 C.F.R § 1003.2(c)(2), and where Kaur failed to demonstrate changed country conditions in India to qualify for the regulatory exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence immaterial in light of prior adverse credibility determination); see also Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED.