Alma Gloria Rumualdo-Garcia v. Eric H. Holder Jr.
Alma Gloria Rumualdo-Garcia v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Alma Gloria Rumualdo-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order 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, Iturribar *706 ria 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 as untimely Rumualdo-Garcia’s motion to reopen because the motion was filed more than a year after the BIA’s June 26, 2007, order, and Rumualdo-Gar-cia failed to meet the requirements for the exception based on changed country conditions or demonstrate the due diligence necessary for equitable tolling. See 8 C.F.R. § 1003.2(c)(2), (3)(ii); Iturribarria, 321 F.3d at 897 (the deadline for filing a motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error”).
In light of our disposition, we need not reach Rumualdo-Garcia’s remaining contentions.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.