Dewan Chand v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 3 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DEWAN CHAND, Dewand Chand AKA No. 16-71842 Dewan Puri, Agency No. A038-634-403 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges. Dewan Chand, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his third untimely motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the BIA’s denial of a motion to reopen for abuse of discretion. Avagyan v. Holder, 646 F.3d 672, 678 (9th Cir. 2011). We deny the petition for review. The BIA did not abuse its discretion in denying Chand’s motion to reopen as time and number barred, where it was his third such motion, he filed it more than eleven years after the filing deadline, and he failed to demonstrate that any exception to the time or number bars was warranted. See 8 U.S.C. § 1229a(c)(7)(A) & (C); 8 C.F.R. § 1003.2(c)(2), (c)(3)(i)-(iv) & (3); Avagyan, 646 F.3d at 679. Because these determinations are dispositive, we need not reach Chand’s contentions regarding his eligibility for adjustment of status or a waiver of inadmissibility. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non-dispositive issues). Chand’s motion for a stay of removal is denied as moot. PETITION FOR REVIEW DENIED. 2 16-71842 16-71842 Court of Appeals for the Ninth Circuit ca9 9th Cir. Dewan Chand v. Jefferson Sessions 3 November 2017 Agency Unpublished c06c234fdf0c0ae9942060e4ebdce32ab02e8bdc

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