HARDEEP BHAMRA V. ERIC HOLDER, JR., No. 10-71618 (9th Cir. 2012)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 17 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS HARDEEP SINGH BHAMRA, Petitioner, No. 10-71618 Agency No. A079-605-153 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Hardeep Singh Bhamra, a native and citizen of India, petitions for review of a Board of Immigrations Appeals ( BIA ) order denying his second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We * 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). review for abuse of discretion the 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 in denying Bhamra s motion to reopen as untimely because the motion was filed over five years after the BIA s final decision, see 8 C.F.R. § 1003.2(c)(2), and Bhamra did not establish a material change in country conditions, see Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) ( The critical question is... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution. ). Petitioner has waived any challenge to the BIA s findings regarding ineffective assistance of counsel. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) ( Issues raised in a brief that are not supported by argument are deemed abandoned. ). PETITION FOR REVIEW DENIED. 2 10-71618

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