Singhv.Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITSep 27, 2013
No. 11-73218 (9th Cir. Sep. 27, 2013)

No. 11-73218 Agency No. A076-359-587

2013-09-27

MANJIT SINGH, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.

Manjit Singh, a native and citizen of India, petitions 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 discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.

In his opening brief, Singh fails to raise, and therefore has waived, any challenge to the BIA's dispositive determination that his motion to reopen was untimely. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011). In light of this disposition, we need not reach Singh's remaining challenges to the BIA's denial of his motion to reopen.

Singh's contention that the BIA should have remanded his case to the immigration judge in 2006 while his second visa petition was pending is without merit because he did not request that the BIA remand for that purpose until 2011.

PETITION FOR REVIEW DENIED.