Gasga Sierra v. Holder , 362 F. App'x 838 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VERONICA GASGA SIERRA; CIRILO No. 07-74375
ANTONIO SIERRA VASQUEZ,
Agency Nos. A075-476-095
Petitioners, A075-475-327
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Veronica Gasga Sierra and Cirilo Antonio Sierra Vasquez, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen. We have jurisdiction pursuant to 8
*
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).
LR/Research
U.S.C. § 1252. We review for abuse of 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 acted within its discretion in denying as untimely petitioners’
motion to reopen because it was filed more than 90 days after the BIA’s final
removal order, see 8 C.F.R. § 1003.2(c)(2), and petitioners did not show that they
acted with the due diligence required for equitable tolling, see Singh v. Gonzales,
491 F.3d 1090, 1096-97 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
LR/Research 2 07-74375