MOHINDER SINGH V. ERIC H. HOLDER JR., No. 08-71322 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 22 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MOHINDER SINGH, No. 08-71322 Petitioner, Agency No. A076-679-971 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Mohinder Singh, a native and citizen of India, petitions for review of the Board of Immigration 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, 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 Singh s second motion to reopen as time-barred and number-barred where the successive motion was filed over four years after the BIA s final decision, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to present sufficient evidence of changed circumstances in India to qualify for an exception to the time and number limits, see 8 C.F.R. § 1003.2(c)(3) (ii). We reject Singh s contention that the BIA did not adequately examine his evidence because he has not overcome the presumption that the BIA reviewed the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006). We also reject Singh s contention that the BIA applied the wrong legal standard. PETITION FOR REVIEW DENIED. 2 08-71322

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