SARABJIT TAKHAR V. ERIC HOLDER, JR., No. 10-72766 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SARABJIT SINGH TAKHAR, Petitioner, No. 10-72766 Agency No. A098-847-874 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Sarabjit Singh Takhar, a native and citizen of India, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for * 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). 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 Takhar s motion to reopen as untimely where it was filed two years after the BIA s final order, see 8 C.F.R. § 1003.2(c)(2), and Takhar failed to demonstrate materially changed circumstances in India to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-89 (new evidence must be qualitatively different from the evidence presented at the prior proceeding to be material). PETITION FOR REVIEW DENIED. 2 10-72766

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