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

Gasga Sierra v. Holder

Gasga Sierra v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2010 · Beezer, Trott, Bybee
362 F. App'x 838

Gasga Sierra v. Holder

Opinion

MEMORANDUM **

Veronica Gasga Sierra and Cirilo Antonio Sierra Vasquez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order deny *839 ing them motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely petitioners’ motion to reopen 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 petitioners did not show that they acted with the due diligence required for equitable tolling, see Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir. 2007).

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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