Lixin Wang v. Loretta E. Lynch ( 2015 )

FILED
NOT FOR PUBLICATION MAY 20 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIXIN WANG, No. 13-72268
Petitioner, Agency No. A089-992-401
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Lixin Wang, a native and citizen of China, 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
*
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).
discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785,
791 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying Wang’s motion to reopen as
untimely, where it was filed more than one year after the order of removal became
final, see 8 C.F.R. § 1003.2(c)(2) (a motion to reopen must be filed within 90 days
of the final order of removal), and Wang has not established the due diligence
necessary for equitable tolling of the filing deadline, see Avagyan v. Holder, 646
F.3d 672, 678 (9th Cir. 2011) (the deadline for filing a motion to reopen 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 discovering
such circumstances).
PETITION FOR REVIEW DENIED.
2 13-72268