No. No. 09-73508.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 4, 2011.
Juan A. Enriquez, Glendale, CA, pro se.
Manuel Palau, OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A073-965-484.
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Juan A. Enriquez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' order summarily affirming an immigration judge's ("IJ") order denying his 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.
The agency did not abuse its discretion in denying Enriquez's motion to reopen because the motion was filed more than twelve years after the IJ's July 26, 1996, deportation order, see 8 C.F.R. § 1003.23(b)(1), and Enriquez failed to establish that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline can be equitably tolled "when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence").
In light of our disposition, we need not reach Enriquez's remaining contentions.
PETITION FOR REVIEW DENIED.