Marisol Olivera Gonzalez v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUL 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARISOL OLIVERA GONZALEZ, No. 10-70292
Petitioner, Agency No. A075-754-468
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Marisol Olivera Gonzalez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reopen, and review de novo questions of law.
*
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).
Granados-Oseguera v. Mukasey, 546 F.3d 1011, 1014 (9th Cir. 2008) (per
curiam). We deny the petition for review.
The BIA properly denied Olivera Gonzalez’s motion to reopen where the
motion was filed after her voluntary departure period expired, and Olivera
Gonzalez failed to establish that, through no fault of her own, she was unaware of
the voluntary departure order. See 8 U.S.C. § 1229c(d)(1)(B) (imposing a ten-year
bar to certain forms of relief, including cancellation of removal, for aliens who fail
to voluntarily depart within the time period specified); cf. Singh v. Holder, 658
F.3d 879, 887-88 (9th Cir. 2011) (ten-year bar might not apply to petitioner who
failed to depart, where petitioner did not receive a copy of the BIA’s decision and
order of voluntary departure, and representative failed to notify petitioner of the
BIA’s decision).
PETITION FOR REVIEW DENIED.
2 10-70292