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

Godoy-Flores v. Holder

Godoy-Flores v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
668 F.3d 673; 440 F. App'x 569 (Federal Reporter, Third Series)

Godoy-Flores v. Holder

Opinion

MEMORANDUM **

Mayra Eliuth Godoy-Flores, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s decision denying her motion to reopen deportation proceedings held in ab-sentia. Our jurisdiction is governed by 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). We dismiss in part and deny in part the petition for review.

Godoy-Flores contends that she failed to receive notice of the hearing at which she was ordered deported. Because this claim was never presented to the agency, we lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

The agency did not abuse its discretion in denying as untimely Godoy-Flores’ motion to reopen because it was filed more than 15 years after the final removal order, see 8 C.F.R. § 1003.23(b)(1), and Go-doy-Flores did not show that she acted with the due diligence required for equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897.

PETITION FOR REVIEW DISMISSED, in part; DENIED, 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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