Balbir Singh; v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BALBIR SINGH; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Nos. 08-71570
Agency Nos. A078-656-944
A078-656-945
A078-656-947
A078-656-948
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT and WARDLAW, Circuit Judges.
Balbir Singh and his family, all natives and citizens of India, petition for
review of the Board of Immigration Appeals’ decision denying their motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
JUL 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71570 2
discretion motions to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008)
and we deny the petition for review.
The BIA did not abuse its discretion in its March 28, 2008, order denying
petitioners’ motion to reopen as untimely and numerically barred because it was
the second motion to reopen, filed nearly three after the BIA’s final decision, see 8
C.F.R. § 1003.2(c)(2), and the petitioners failed to present sufficient evidence of
changed circumstances in India to qualify for the regulatory exception to the time
and numerical limitation, see 8 C.F.R. § 1003.2(c)(,3)(ii); see also Toufighi v.
Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (underlying adverse credibility
determination rendered evidence of changed circumstances immaterial).
PETITION FOR REVIEW DENIED.

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