Hugo Menendez-Orellana v. Eric Holder, Jr. , 554 F. App'x 626 ( 2014 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 07 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
HUGO ANTONIO MENENDEZ-ORELLANA, No. 10-71040
Petitioner, Agency No. A042-485-045
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 4, 2014**
Pasadena, California
Before: SCHROEDER and CLIFTON, Circuit Judges, and TUNHEIM, District
Judge.***
Hugo Antonio Menendez-Orellana, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing
*
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).
***
The Honorable John R. Tunheim, District Judge for the U.S. District
Court for the District of Minnesota, sitting by designation.
his appeal from an immigration judge’s denial of his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252(a)(1). We review for abuse of discretion the
denial of a motion to reopen, Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th
Cir. 2001) (en banc), and we deny the petition for review.
The BIA did not abuse its discretion in denying Menendez-Orellana’s
motion to reopen because the motion was filed nearly nine years after his final
removal order, see 8 C.F.R. § 1003.23(b)(1), and Menendez-Orellana failed to
establish that he was unable, “through no fault of his own and despite due
diligence,” to discover the grounds for his motion to reopen, Socop-Gonzalez, 272
F.3d at 1184, 1193. Menendez-Orellana is therefore not entitled to equitable tolling
of the filing deadline.
PETITION DENIED.
2 10-71040