Eduardo Pantaleon-Sierra v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION JUN 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDUARDO MIZAEL PANTALEON- No. 12-70585
SIERRA,
Agency No. A042-344-990
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Eduardo Mizael Pantaleon-Sierra, a native and citizen of Mexico, 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.
*
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).
§ 1252. We review for abuse of 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 Pantaleon-Sierra’s motion to
reopen as untimely where the motion was filed more than five years after his
removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Pantaleon-Sierra
failed to demonstrate the due diligence required to obtain equitable tolling of the
filing deadline, see Avagyan, 646 F.3d at 679 (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).
PETITION FOR REVIEW DENIED.
2 12-70585