U.S. Court of Appeals for the Ninth Circuit, 2010

Zhidong Zhu v. Eric H. Holder Jr.

Zhidong Zhu v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 663

Zhidong Zhu v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Orlando Gonzalez-Martinez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying his *664 motion to reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002). We deny in part and dismiss in part the petition for review.

The IJ did not abuse his discretion in denying Gonzalez-Martinez’s motion to reopen as untimely where he filed it more than 16 months after he was ordered removed in absentia. See 8 U.S.C. § 1229a(b)(5)(C)(i).

We lack jurisdiction to consider Gonzalez-Martinez’s contention that he is entitled to equitable tolling because he failed to exhaust this contention before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (generally requiring exhaustion of claims before the agency).

Gonzalez-Martinez’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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