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

Tellez-Lopez v. Holder

Tellez-Lopez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided August 18, 2011 · Reinhardt, Trott, Wardlaw
448 F. App'x 665

Tellez-Lopez v. Holder

Opinion

MEMORANDUM **

Juan Tellez-Lopez, a native and citizen of Mexico, seeks review of the February 18, 2004 order of the Board of Immigration Appeals (“BIA”) denying as untimely his *666 motion to reopen. We deny his petition for review.

Tellez-Lopez filed the motion to reopen over four months after the BIA’s final order of removal and well beyond the ninety-day deadline for filing such motions. See 8 U.S.C. § 1229a(c)(7)(C)(i). The petition did not provide any reason for the late filing, let alone any “circumstances beyond [Tellez-Lopez’s] control,” to justify equitable tolling. Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir. 2001) (en banc). Accordingly, the BIA did not abuse its discretion in denying the motion as untimely.

The petition is 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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