Gurvinder 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NOT FOR PUBLICATION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
GURVINDER SINGH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73382
Agency No. A096-145-170
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Gurvinder Singh, a native and citizen of India, petitions for review for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
OCT 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73382 2
discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Singh’s motion to reopen as
time-barred because it was filed one year after the BIA’s final order of removal,
see 8 C.F.R. § 1003.2(c)(2), and Singh did not demonstrate that equitable tolling
was warranted, see Iturribarria, 321 F.3d at 897.
Singh’s contention that the BIA abused its discretion by failing to consider
his claim against Mr. Heera is not supported by the record.
PETITION FOR REVIEW DENIED.

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