Miguel Castro-Gomez v. Eric Holder, Jr.

423 F. App'x 715

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 22, 2011
• Docket: 09-70584
• Status: Unpublished

Opinion

MEMORANDUM **

Miguel Castro-Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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 BIA acted within its discretion in denying as untimely Castro-Gomez’s motion to reopen because the motion was filed more than four years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Castro-Gomez did not establish that he acted with the due diligence required for equitable tolling of the time limitation, see Iturribarria, 321 F.3d at 897; see also Singh v. INS, 213 F.3d 1050, 1054 n. 8 (9th Cir.2000) (statements in motions are not evidence and are therefore not entitled to evidentiary weight).

PETITION FOR REVIEW DENIED.

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