Surinder KAUR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 520 F. App'x 583

MEMORANDUM Surinder Kaur, native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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. 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 Kaur’s untimely motion to reopen where the motion was filed over four years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to establish changed circumstances in India material to her claim to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(h); Toufighi, 538 F.3d at 996-97 (underlying adverse credibility determination rendered evidence of changed circumstances immaterial). PETITION FOR REVIEW DENIED.

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