Meza Prieto v. Gonzales
Meza Prieto v. Gonzales
Opinion of the Court
MEMORANDUM
Jose Rosario Meza Prieto seeks review of a Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have juris
The BIA did not abuse its discretion in denying Meza-Prieto’s motion to reopen as untimely because it was filed four months after the BIA’s final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of final order of removal), and Meza-Prieto did not show he was entitled to equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (deadline for filing motion to reopen can be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence.”).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.