U.S. Court of Appeals for the Ninth Circuit, 2013

Harpreet Kaur v. Eric Holder, Jr.

Harpreet Kaur v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 26, 2013 · Rawlinson, Smith, Christen
540 F. App'x 552

Harpreet Kaur v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Harpreet Kaur, a native and citizen of India, 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen as untimely where it was filed nine years after her final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she failed to establish that she qualified for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679-80 (equitable tolling is available to a petitioner who establishes that he suffered from deception, fraud or error, and exercised due diligence in discovering such circumstances).

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.

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