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

Dante Gavilano v. Eric Holder, Jr.

Dante Gavilano v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 4, 2011 · Rymer, Thomas, Paez
431 F. App'x 548

Dante Gavilano v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Cornelia Maribel De Leon Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying asylum and restriction of removal to Guatemala. We have jurisdiction under 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, 791-92 (9th Cir. 2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying De Leon Diaz’s motion to reopen because the motion was filed more than six years after the BIA’s November 6, 2002, order, see 8 C.F.R. § 1003.2(c)(2), and De Leon Diaz failed to establish that she acted with the due diligence required for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (deadline can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

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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