Lopez Lopez v. Holder , 383 F. App'x 608 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 10 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ISAUL LOPEZ LOPEZ, No. 08-70728
Petitioner, Agency No. A073-944-645
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Isaul Lopez Lopez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying his motion to reopen deportation proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321
F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.
The IJ did not abuse his discretion in denying Lopez Lopez’s motion as
untimely because it was filed more than ten years after the final administrative
order, see 8 C.F.R. § 1003.23(b)(4)(iii), and Lopez Lopez failed to establish he
acted with the due diligence required for equitable tolling of the filing deadline, see
Iturribarria, 321 F.3d at 897 (equitable tolling is available to a petitioner who is
prevented from filing due to deception, fraud or error, and exercises due diligence
in discovering such circumstances); cf. Ghahremani v. Gonzales, 498 F.3d 993,
1000 (9th Cir. 2007) (due diligence where petitioner demonstrates “steadfast
pursuit” of his case).
PETITION FOR REVIEW DENIED.
2 08-70728