U.S. Court of Appeals for the Ninth Circuit, 2009

Barco-Rivera v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided April 27, 2009 · Bea, Gould, Graber

324 F. App'x 600

Counsel

Michael S. Cabrera, Esquire, Law Offices of Michael S. Cabrera, Huntington Park, CA, for Petitioner., CAC-Distriet Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Andrew C. MacLa-chlan, Anthony Cardozo Payne, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Victor M. Barco-Rivera, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Barco-Rivera’s motion as untimely, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must generally be filed within 90 days of the final order), and Barco-Rivera did not establish that he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling is available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

In light of our disposition, we need not reach Barco-Rivera’s remaining contentions.

PETITION FOR REVIEW DENIED.

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

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