Sandra Roman-Anguiano v. Eric Holder, Jr.
Sandra Roman-Anguiano v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Maria Cecilia Hurtado-Castellanos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for review.
*569 The BIA did not abuse its discretion in denying Hurtado-Castellanos’s motion to reopen as untimely because she filed the motion more than eight years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she failed to establish the due diligence required for equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897.
We lack jurisdiction to review Hurtado-Castellanos’s contention that the BIA should have invoked its sua sponte authority to reopen her proceedings. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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