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

Rajveer Kandola v. Eric Holder, Jr.

Rajveer Kandola v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 8, 2011 · Rymer, Ikuta, Smith
446 F. App'x 853

Rajveer Kandola v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Rajveer Kandola, a native and citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his special motion to reopen to seek relief under former section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (repealed 1996). We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and 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 did not abuse its discretion in denying Kandola’s June 30, 2009, motion to reopen as untimely because it was filed over four years after the special motions deadline to seek relief under former section 212(c), and Kandola did not establish that he was entitled to equitable tolling of the deadline. See 8 C.F.R. § 1003.44(h).

We need not reach Kandola’s remaining contentions in light of our disposition.

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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