# Singh v. Board of Immigration Appeals

> Court of Appeals for the Second Circuit · August 1, 2006 · 190 F. App'x 95

URL: https://www.frixlaw.com/law-library/cases/8602284

## Case

- **Full name:** Kuldip SINGH v. THE BOARD OF IMMIGRATION APPEALS
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** August 1, 2006
- **Citations:** 190 F. App'x 95
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Feinberg, Newman, Straub
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8602284

## How later opinions describe it (automated extraction)

- holding that court of appeals erred in overturning BIA’s denial of motion to reopen deportation proceeding in order to apply for suspension of deportation, where alien’s allegations were not supported by affidavit or evidentiary material

## Opinion text

SUMMARY ORDER
Kuldip Singh, a native and citizen of India, petitions for review of a March 17, 2005 decision of the BIA denying a motion to reopen his removal proceedings. See In re Kuldip Singh, No. A78 637 932 (B.I.A. Mar. 17, 2005) (per curiam). This Court reviews the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. See Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d Cir.2006) (per curiam); Kaur v. BIA, 413 F.3d 232, 233 (2d Cir. 2005) (per curiam). We assume the parties’ familiarity with the facts and procedural history of the case.
The BIA did not abuse its discretion in determining that Singh’s second motion to reopen exceeded the statutory numerical limitations. The BIA also correctly observed that Singh failed to submit material evidence in support of the assertions made in his motion to reopen, and it reasonably denied Singh’s motion on this basis. See 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2 (c)(3)(ii); cf. INS v. Jong Ha Wang, 450 U.S. 139,143 , 101 S.Ct. 1027 , 67 L.Ed.2d 123 (1981) (holding that court of appeals erred in overturning BIA’s denial of motion to reopen deportation proceeding in order to apply for suspension of deportation, where alien’s allegations were not supported by affidavit or evidentiary material).
Accordingly, the petition for review is hereby DENIED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8602284. Public record. Not legal advice.