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

Kalkat v. Holder

Kalkat v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2010 · Beezer, Bybee, Trott
362 F. App'x 813

Kalkat v. Holder

Opinion

MEMORANDUM **

Parmjeet Singh Kalkat, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion *814 the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely Kalkat’s motion to reopen filed on November 25, 2003, because it was filed more than 90 days after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Kalkat did not show that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

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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