KOUR AKA AKA AKA AKA v. SESSIONS III (2018)

MEMORANDUM ***

Shisha Singh-Balwinder Kour appeals the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. For the following reasons, we deny the petition.

As previously determined by this court, Kour “failed to provide sufficient evidence corroborating his testimony as to his identity” during his removal proceedings. Kour v. Holder, 514 F. App’x 690, 690 (9th Cir. 2013). The BIA denied Kour’s subsequent motion to reopen based, in part, on his failure to demonstrate that his submitted passport could not have been obtained and produced during his prior hearing. The BIA grants motions to reopen only if “evidence sought to be offered ․ was not available and could not have been discovered or presented at the former hearing.” 8 C.F.R. § 1003.2(c)(1).

Because the BIA has significant discretion in determining whether to reopen a matter, we employ the deferential abuse-of-discretion standard of review on appeal, INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992), affirming the BIA’s decision unless it is “arbitrary, irrational, or contrary to law,” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002). Kour did not explain to the BIA why he could not have presented his old passport during the previous proceedings, given that Kour’s new passport indicated that his prior passport had been returned and cancelled. Furthermore, Kour’s statements during his earlier removal hearing made clear that he had not attempted to obtain a new passport. Consequently, the BIA’s determination that Kour failed to meet the requirements of a motion to reopen was not arbitrary, irrational, or contrary to law. Additional evidence of Kour’s identity was previously available, and he did not provide the BIA with a reasonable explanation as to why this evidence was not provided as part of his original removal proceedings. See 8 C.F.R. § 1003.2(c)(1).

PETITION FOR REVIEW DENIED.