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Singh v. Holder (unpub)

July 29, 2010

**MTR; due process**

The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely and numerically barred because it was Singh’s second motion to reopen and he filed it over five years after the BIA’s final order of removal and Singh failed to establish changed circumstances in India to qualify for the regulatory exception to the time and number limitations.  Singh’s contention that the BIA did not consider evidence fails because he has not overcome the presumption that the BIA reviewed the record.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/29/07-73428.pdf

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