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

Jorge Delgado v. Eric Holder, Jr.

Jorge Delgado v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 22, 2011 · Farris, Leavy, Bybee
423 F. App'x 716

Jorge Delgado v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jorge Antonio Delgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ *717 (“BIA”) order denying his motion to reopen removal proceedings. 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 BIA acted within its discretion in denying as untimely Delgado’s motion to reopen because the motion was filed more than six years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Delgado did not establish that he acted with the due diligence required for equitable tolling of the time limitation, see Iturri-barria, 321 F.3d at 897.

Delgado’s remaining contention is not persuasive.

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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