United States Court of Appeals, Ninth CircuitJul 20, 2011
No. 10-72023 (9th Cir. 2011)
No. 10-72023444 Fed. Appx. 182

No. 10-72023.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 20, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A073-929-291 A073-929-292 A073-929-293.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Refugio Aguirre-Gomez, Miriam Aguirre, and their minor child, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' ("BIA") order denying their 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, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners' motion to reopen as untimely because the motion was filed 14 years after the September 8, 1995, deportation order, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to establish the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

We need not consider petitioners' remaining contentions in light of our disposition.