Jose Duenas v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Jose Duenas v. Eric H. Holder Jr., 397 F. App'x 369 (9th Cir. 2010)

Jose Duenas v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Alfredo Zavala Cabello, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioner’s motion to reopen as untimely because it was filed two years 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 petitioner 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 *370 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.

Reference

Full Case Name
Alfredo ZAVALA CABELLO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished