
    Sarabjit Singh TAKHAR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 10-72766.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 19, 2012.
    
    Filed Dec. 21, 2012.
    Jaspreet Singh, Esquire, Law Office of Jaspreet Singh, Jackson Heights, NY, for Petitioner.
    Derek C. Julius, OIL, Katherine Ann Smith, Trial, 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: GOODWIN, WALLACE, and FISHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Sarabjit Singh Takhar, 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 abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Takhar’s motion to reopen as untimely where it was filed two years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Takhar failed to demonstrate materially changed circumstances in India to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-89 (new evidence must be qualitatively different from the evidence presented at the prior proceeding to be material).

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.
     