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

Maricela Arceo-Garcia v. Eric Holder, Jr.

Maricela Arceo-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 571

Maricela Arceo-Garcia v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Maricela Arceo-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s *572 decision denying her 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 by denying Arceo-Garcia’s motion to reopen as untimely because it was filed over 13 years after the agency’s final order of removal, see 8 U.S.C. § 1229a(c)(7), and Arceo-Garcia failed to establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897; Singh v. Gonzales, 491 F.3d 1090, 1095-97 (9th Cir. 2007).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provid *572 ed by 9th Cir. R. 36-3.

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