Refugio Aguirre-Gomez v. Eric Holder, Jr.

444 F. App'x 182

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 20, 2011
• Docket: 10-72023
• Status: Unpublished

Opinion

MEMORANDUM **

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.

PETITION FOR REVIEW DENIED.

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