
    Daljit SINGH, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.
    No. 07-73957.
    United States Court of Appeals, Ninth Circuit.
    Submitted Feb. 16, 2010.
    
    Filed Feb. 22, 2010.
    See also 212 Fed.Appx. 615.
    
      Martin Roy Robles, Esquire, Immigration Practice Group A Professional Corporation, San Francisco, CA, for Petitioner.
    David V. Bernal, Assistant Director, Lance Lomond Jolley, Esquire, Trial, Oil, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument.
      See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Daljit 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 abuse of discretion the denial of a motion to reopen. Iturri-barria v. INS, 321 F.3d 889, 894 (9th Cir.2003). 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 decision, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish changed circumstances in India to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir.2008) (requiring movant to produce material evidence with motion to reopen that conditions in the country of nationality had changed).

Singh’s contention that the BIA failed to consider the evidence submitted with the motion to reopen fails, because he has not overcome the presumption that the BIA did review the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006). Singh’s contention that the BIA failed to explain its reasons for its decision to deny the motion to reopen is belied by the record.

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