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

Miguel Castillo Garcia v. Eric Holder, Jr.

Miguel Castillo Garcia v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
440 F. App'x 565

Miguel Castillo Garcia v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Rodrigo Diaz and Catalina Diaz Mendez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) order denying their motion to reopen. 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), and we deny the petition for review.

The agency did not abuse its discretion in denying petitioners’ motion to reopen because the motion was filed more than thirteen years after the IJ’s June 13, 1995, deportation order, see 8 C.F.R. § 1003.23(b)(4)(iii), and petitioners failed to establish that they acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (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”). Petitioners’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).

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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