Sukhjit Singh Thiara v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUKHJIT SINGH THIARA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71319
Agency No. A078-358-822
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Sukhjit Singh Thiara, 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
FILED
MAR 3 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder,
597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion by denying Thiara’s third motion to
reopen as untimely and number-barred because the motion was filed more than
eight years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Thiara
failed to demonstrate materially changed conditions in India to qualify for the
regulatory exception to the time and numerical limit for filing motions to reopen,
see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987 (evidence must be
“qualitatively different” from the evidence presented at the previous hearing).
PETITION FOR REVIEW DENIED.
12-71319 2

-- 2 of 2 --