U.S. Court of Appeals for the Ninth Circuit, 2007

Meza Prieto v. Gonzales

Meza Prieto v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided June 7, 2007
234 F. App'x 495

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*496diction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. See Iturribarria 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 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.

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