U.S. Court of Appeals for the Ninth Circuit, 2011

Samuel Gallegos Hernandez v. Eric H. Holder Jr.

Samuel Gallegos Hernandez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2011 · Canby, Fernandez, Smith
415 F. App'x 810

Samuel Gallegos Hernandez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

In these consolidated petitions for review, Samuel Gallegos Hernandez and Maria Hilda Gallegos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) orders denying their motions to reopen and reconsider. We review for abuse of discretion the denial of a motion to reopen or reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petitions for review.

The BIA did not abuse its discretion in denying Gallegos and Gallegos Hernandez’s motion to reopen as time-and number-barred, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to demonstrate the due diligence required for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003).

The BIA did not abuse its discretion in denying Gallegos and Gallegos Hernandez’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision denying reopening. See 8 C.F.R. § 1003.2(b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir. 2001) (en banc).

PETITIONS 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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