Joy Panchum v. Eric Holder, Jr. ( 2014 )

FILED
NOT FOR PUBLICATION MAY 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOY WINIFRED PANCHUM, No. 12-73484
Petitioner, Agency No. A036-706-467
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Joy Winifred Panchum, a native and citizen of Guyana, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing an immigration
judge’s denial of her motion to reopen deportation proceedings conducted in
absentia. 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, Avagyan v. Holder, 646 F.3d 672, 674
(9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying Panchum’s motion to reopen
as untimely where it was filed sixteen years after her deportation order became
final, see 8 C.F.R. § 1003.23(b)(4)(iii)(1) (an alien has 180 days to file a motion to
reopen to rescind the in absentia order if the alien can show that she failed to
appear for the hearing due to exceptional circumstances), and Panchum failed to
show the due diligence necessary for equitable tolling of the filing deadline, see
Avagyan, 646 F.3d at 679 (equitable tolling of the filing deadline is available
where petitioner establishes that she was prevented from filing because of
deception, fraud or error, and acted with due diligence in discovering such
circumstances).
PETITION FOR REVIEW DENIED.
2 12-73484