
    Harjinder SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 11-70102.
    United States Court of Appeals, Ninth Circuit.
    
      Submitted March 12, 2013.
    
    Filed March 20, 2013.
    Jaspreet Singh, Esquire, Law Office of Jaspreet Singh, Jackson Heights, NY, for Petitioner.
    Dawn S. Conrad, Trial, OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Harjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the BIA’s 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 Singh’s motion to reopen as untimely where the motion was filed over three years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to present sufficient evidence of changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen, and where an affidavit presented by Singh failed to overcome the immigration judge’s prior adverse credibility finding, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97 (petitioner failed to establish a prima facie case for relief in light of the immigration judge’s conclusive findings on his underlying claim).

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