Balogun v. Holder , 383 F. App'x 696 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ADEKUNLE BALOGUN, No. 07-71993
Petitioner, Agency No. A095-965-049
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.
Adekunle Balogun, a native of Nigeria, 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. § 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, Lin v. Holder, 588 F.3d 981, 984 (9th
Cir. 2009), and we deny the petition for review.
The BIA did not abuse its discretion in denying Balogun’s motion to reopen
to apply for relief under the Convention Against Torture as untimely where the
motion was not filed within 90 days of the BIA’s final decision, see 8 C.F.R.
§ 1003.2(c)(2), and Balogun failed to demonstrate eligibility for any of the
regulatory exceptions to the time limit, see 8 C.F.R. § 1003.2(c)(3).
PETITION FOR REVIEW DENIED.
2 07-71993