Franklin Nwagbo v. Eric Holder, Jr. , 594 F. App'x 396 ( 2015 )

FILED
NOT FOR PUBLICATION FEB 26 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANKLIN CHUKWUMA NWAGBO, No. 12-74193
Petitioner, Agency No. A040-079-914
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Franklin Chukwuma Nwagbo, a native and citizen of Nigeria, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen removal proceedings and to reissue its previous decision. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
denial of a motion to reopen and reissue, Hernandez-Valasquez v. Holder, 611
F.3d 1073, 1077 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Nwagbo’s motion as
untimely, where the motion was filed more than eleven years after his removal
order became final, see 8 C.F.R. § 1003.2(c)(2), and Nwagbo failed to show the
due diligence required for equitable tolling of the filing deadline, see Avagyan v.
Holder, 646 F.3d 672, 679 (9th Cir. 2011) (equitable tolling is available to a
petitioner who is prevented from filing because of deception, fraud or error, and
exercised due diligence in discovering such circumstances).
In light of this disposition, we do not reach Nwagbo’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 12-74193