14-1174 

Singh v. Lynch

BIA 

A096 200 156

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED 

ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE 

PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT 

FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE 

(WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY 

OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals for 

2 the Second Circuit, held at the Thurgood Marshall United States 

3 Courthouse, 40 Foley Square, in the City of New York, on the 

17th 4 day of September, two thousand fifteen. 

5 

6 PRESENT: 

7 REENA RAGGI,

8 DEBRA ANN LIVINGSTON, 

9 DENNY CHIN,

10 Circuit Judges. 

11 _____________________________________ 

12 

13 GURJIT SINGH, 

14 Petitioner, 

15 

16 v. 14-1174 

17 NAC 

18 LORETTA E. LYNCH, UNITED STATES 

19 ATTORNEY GENERAL, 

20 Respondent.* 

21 _____________________________________ 

22 

23 FOR PETITIONER: Gurjit Singh, Pro se, Plainfield, 

24 Indiana. 

25 

26 FOR RESPONDENT: Joyce R. Branda, Acting Assistant 

27 Attorney General; Greg D. Mack, 

28 Senior Litigation Counsel; Hillel R. 

 

* Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Loretta E. Lynch is automatically 

substituted for former Attorney General Eric H. Holder, Jr. 
2 

1 Smith, Attorney, Office of 

2 Immigration Litigation, Washington, 

3 D.C. 

4 

5 UPON DUE CONSIDERATION of this petition for review of a 

6 Board of Immigration Appeals (“BIA”) decision, it is hereby 

7 ORDERED, ADJUDGED, AND DECREED that the petition for review is 

8 DENIED. 

9 Petitioner Gurjit Singh, a native and citizen of India, 

10 seeks review of a March 19, 2014, decision of the BIA denying 

11 his second motion to reopen. In re Gurjit Singh, No. A096 200 

12 156 (B.I.A. Mar. 19, 2014). We review the BIA’s denial of a 

13 motion to reopen for abuse of discretion. Ali v. Gonzales, 448 

14 F.3d 515, 517 (2d Cir. 2006) (per curiam). We assume the 

15 parties’ familiarity with the underlying facts and procedural 

16 history in this case. 

17 An alien seeking to reopen proceedings may file a motion 

18 to reopen no later than 90 days after the date on which the final 

19 administrative decision was rendered. 8 U.S.C. 

20 §§ 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). There is 

21 no dispute that Singh’s 2014 motion to reopen is untimely (and 

22 number barred) because the BIA issued a final order of removal 

23 in November 2009 and it was Singh’s second motion. Although 
3 

1 these limitations do not apply if the motion “is based on changed 

2 country conditions arising in the country of nationality or the 

3 country to which removal has been ordered, if such evidence is 

4 material and was not available and would not have been 

5 discovered or presented at the previous proceeding,” 8 U.S.C. 

6 § 1229a(c)(7)(C)(ii); see also 8 C.F.R. § 1003.2(c)(3)(ii), we 

7 find no abuse of discretion in the BIA’s conclusion that Singh 

8 failed to make the required showing. 

9 The BIA’s determination that Singh failed to establish a 

10 material change in country conditions is supported by 

11 substantial evidence in the record; therefore, the BIA did not 

12 abuse its discretion in denying Singh’s motion to reopen. Jian 

13 Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 2008). Singh’s 

14 allegation that police continued to look for him based on his 

15 political activities is the same situation alleged at his 2007 

16 merits hearing. Norani v. Gonzales, 451 F.3d 292, 294 (2d Cir. 

17 2006). Because Singh’s underlying asylum application was 

18 denied on credibility grounds, this reiteration of his claim 

19 is insufficient to warrant reopening. Kaur v. BIA, 413 F.3d 

20 232, 234 (2d Cir. 2005) (per curiam); see also Qin Wen Zheng 

21 v. Gonzales, 500 F.3d 143, 147 (2d Cir. 2007). 
4 

1 Nor was the BIA required to credit Singh’s affidavit 

2 evidence of two recent raids on his family’s home as both 

3 affidavits also relied on the incidents proffered to support 

4 his original application, for which he was found not credible. 

5 Kaur, 413 F.3d at 234; see also Qin Wen Zheng, 500 F.3d at 147. 

6 And, Singh’s country conditions evidence does not 

7 establish changed conditions. Singh submitted the State 

8 Department’s 2012 Country Report, which reflects ongoing 

9 arbitrary arrests, detentions, and extrajudicial killings, but 

10 makes no mention of an increase in these activities in 

11 comparison to prior years. Moreover, the 2006 State Department 

12 Report, in evidence at Singh’s 2007 merits hearing, documents 

13 incidents of police torture and extrajudicial killings similar 

14 to those in the 2012 Report and, thus, does not support a finding 

15 of changed conditions. See In re S-Y-G-, 24 I. & N. Dec. 247, 

16 253 (B.I.A. 2007) (“In determining whether evidence . . . 

17 demonstrates a material change in country conditions . . . [the 

18 BIA] compare[s] the evidence of country conditions submitted 

19 with the motion to those that existed at the time of the merits 

20 hearing below.”). 

21 
5 

1 For the foregoing reasons, the petition for review is 

2 DENIED. As we have completed our review, any stay of removal 

3 that the Court previously granted in this petition is VACATED, 

4 and any pending motion for a stay of removal in this petition 

5 is DENIED as moot. Any pending request for oral argument in 

6 this petition is DENIED in accordance with Federal Rule of 

7 Appellate Procedure 34(a)(2), and Second Circuit Local Rule 

8 34.1(b). 

9 FOR THE COURT: 

10 Catherine O=Hagan Wolfe, Clerk