Nelson Celada v. Jefferson Sessions , 692 F. App'x 393 ( 2017 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                        JUN 2 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    NELSON CELADA, AKA Nelson Mauricio              No.    15-73917
    Celada De Leon,
    Agency No. A072-535-674
    Petitioner,
    v.                                             MEMORANDUM*
    JEFFERSON B. SESSIONS III, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted May 24, 2017**
    Before:      THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
    Circuit Judges.
    Nelson Celada, a native and citizen of Guatemala, petitions for review of the
    Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen in
    absentia deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    We review for abuse of discretion the denial of a motion to reopen. Avagyan v.
    Holder, 
    646 F.3d 672
    , 674 (9th Cir. 2011). We deny the petition for review.
    The BIA did not abuse its discretion in denying Celada’s motion to reopen
    as untimely, where he filed the motion over nineteen years after his final order of
    deportation, see 8 C.F.R. §§ 1003.2(c)(2), 1003.23, and he has not demonstrated
    the due diligence necessary to warrant equitable tolling of the filing deadline, see
    
    Avagyan, 646 F.3d at 679
    (equitable tolling is available to an alien who is
    prevented from filing a motion to reopen due to deception, fraud, or error, as long
    as the alien exercises due diligence in discovering such circumstances).
    In light of this disposition, we do not reach Celada’s remaining contentions
    regarding the alleged ineffective assistance of counsel.
    PETITION FOR REVIEW DENIED.
    2                                   15-73917
    

Document Info

Docket Number: 15-73917

Citation Numbers: 692 F. App'x 393

Judges: Thomas, Silverman, Rawlinson

Filed Date: 6/2/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024