Xiao Zhu v. Eric Holder, Jr. , 550 F. App'x 531 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIAO LIN ZHU, No. 12-72954
Petitioner, Agency No. A098-215-527
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Xiao Lin Zhu, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
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 Zhu’s motion to reopen as
untimely and number-barred where the successive motion was filed more than six
years after her removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Zhu
failed to present sufficient evidence of changed circumstances in China to qualify
for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii),
or the due diligence required for 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 12-72954