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

Bila v. Holder

Bila v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 26, 2010 · Fernandez, Gould, Smith
367 F. App'x 870

Bila v. Holder

Opinion

MEMORANDUM **

Svitlana Bila, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal 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). We deny the petition for review.

The BIA did not abuse its discretion in denying Bila’s motion to reopen as untimely because it was filed almost nine months after the final order of deportation, see 8 C.F.R. § 1003.23(b)(1) (motion to reopen must be filed within ninety days of final order of deportation), and Bila failed to establish that any of the regulatory exceptions apply, see 8 C.F.R. § 1003.23(b)(4).

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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