Gurvinder Singh v. Eric H. Holder Jr., No. 08-73382 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 25 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GURVINDER SINGH, No. 08-73382 Petitioner, Agency No. A096-145-170 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Gurvinder Singh, a native and citizen of India, petitions for review 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 * 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). discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying Singh s motion to reopen as time-barred because it was filed one year after the BIA s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Singh did not demonstrate that equitable tolling was warranted, see Iturribarria, 321 F.3d at 897. Singh s contention that the BIA abused its discretion by failing to consider his claim against Mr. Heera is not supported by the record. PETITION FOR REVIEW DENIED. 2 08-73382

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