Chowdhury v. Gonzales
Chowdhury v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Golam Rabbee Chowdhury petitions for review of a decision of the BIA denying his motion to reopen. We assume the parties’ familiarity with the facts, the issues on appeal and the procedural history.
We review denial of a motion to reopen for abuse of discretion. See Chen v. Gonzales, 436 F.3d 76, 77 (2d Cir. 2006); Kaur v. BIA 413 F.3d 232, 233 (2d Cir. 2005). We conclude that the BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely. A motion to reopen in any case previously the subject of a final decision by the BIA must be filed no later than ninety days after the date of the BIA’s decision, except in circumstances not relevant to petitioner. See 8 C.F.R. §§ 1003.2(c)(2)-(e)(3). Yet petitioner’s motion was filed more than a year after the BIA decision that he sought to reopen, and petitioner failed to introduce evidence into the administrative record before the BIA that he exercised diligence sufficient to support equitable tolling of the ninety-day limitations period set forth in 8 C.F.R. § 1003.2(c)(2). See Iavorski v. INS, 232 F.3d 124, 134 (2d Cir. 2000).
Further, the BIA properly concluded as an alternative basis for its decision that a
For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot.
Reference
- Full Case Name
- Golam Rabbee CHOWDHURY v. Alberto GONZALES, Attorney General of the United States
- Status
- Published