Gregorio Ostolaza-Ayala v. Eric Holder, Jr. , 538 F. App'x 744 ( 2013 )

FILED
NOT FOR PUBLICATION AUG 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GREGORIO OSTOLAZA-AYALA, No. 09-72503
Petitioner, Agency No. A092-183-358
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 14, 2013 **
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Gregorio Ostolaza-Ayala, a native and citizen of Peru, 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 discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400
*
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).
F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying Ostolaza-Ayala’s motion to
reopen as untimely where Ostolaza-Ayala filed his motion more than five years
after his final order of removal, and he failed to demonstrate that the one-year
filing deadline should be waived due to extraordinary circumstances. 8 U.S.C.
§ 1229a(c)(7)(C)(iv)(III).
In light of our disposition, we need not reach Ostolaza-Ayala’s remaining
contention.
PETITION FOR REVIEW DENIED.
2 09-72503