JOGHINDER SINGH V. ERIC HOLDER, JR., No. 12-70227 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 9 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOGHINDER SINGH, No. 12-70227 Petitioner, Agency No. A095-584-627 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Joghinder Singh, 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). an abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review. The BIA did not abuse its discretion in denying Singh s untimely second motion to reopen where Singh filed the motion over four years after the BIA s final decision, see 8 C.F.R. § 1003.2(c)(2), and failed to establish prima facie eligibility for relief, see Toufighi, 538 F.3d at 996-97. We reject Singh s contention the BIA failed to properly address his evidence, or otherwise abused its discretion in considering his claims. See id. at 992 ( This Court defers to the Board s exercise of discretion unless it acted arbitrarily, irrationally or contrary to law. ). PETITION FOR REVIEW DENIED. 2 12-70227
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