Celia Barrientos v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION DEC 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CELIA ELICINIA BARRIENTOS, No. 15-70016
Petitioner, Agency No. A070-639-600
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Celia Elicinia Barrientos, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s order denying her motion to reopen deportation proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.
2011). We deny the petition for review.
The agency did not abuse its discretion in denying Barrientos’ motion to
reopen as untimely, where Barrientos filed the motion over sixteen years after her
final order of deportation, see 8 C.F.R. § 1003.23(b)(1), and she has not
demonstrated the due diligence necessary to warrant equitable tolling of the filing
deadline, see Avagyan 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 our disposition, we do not reach Barrientos’ remaining
contentions.
PETITION FOR REVIEW DENIED.
2 15-70016