Juan Enriquez v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAY 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN A. ENRIQUEZ, No. 09-73508
Petitioner, Agency No. A073-965-484
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Juan A. Enriquez, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) order denying his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial 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).
a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we
deny the petition for review.
The agency did not abuse its discretion in denying Enriquez’s motion to
reopen because the motion was filed more than twelve years after the IJ’s July 26,
1996, deportation order, see 8 C.F.R. § 1003.23(b)(1), and Enriquez failed to
establish that he acted with the due diligence required for equitable tolling, see
Iturribarria, 321 F.3d at 897 (deadline can be equitably tolled “when a petitioner is
prevented from filing because of deception, fraud, or error, as long as the petitioner
acts with due diligence”).
In light of our disposition, we need not reach Enriquez’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 09-73508