Siknaber Pawal v. Eric H. Holder Jr., No. 08-71537 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 30 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SIKNABER PAWAL, a.k.a. Sikander Singh, No. 08-71537 Agency No. A078-258-049 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Siknaber Pawal, a native and citizen of India, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). 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 by denying Pawal s third motion to reopen as untimely and numerically barred where it was filed over four years after the BIA s final order, see 8 C.F.R. § 1003.2(c)(2), and Pawal failed to establish changed circumstances in India to qualify him for the regulatory exception to the time and numerical limitations, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945-46 (9th Cir. 2004). Pawal s contentions that the BIA failed to properly consider the evidence and impermissibly deemed the affidavits he submitted not credible are belied by the record. PETITION FOR REVIEW DENIED. 2

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