Roberto Cardenas Caballero v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 01 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERTO CARDENAS CABALLERO, No. 10-73314
Petitioner, Agency No. A074-800-218
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Roberto Cardenas Caballero, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from 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 Cardenas Caballero’s
motion to reopen because the motion was filed more than eleven years after the IJ’s
June 24, 1997, removal order, see 8 C.F.R. § 1003.23(b)(1), and Cardenas
Caballero 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”).
PETITION FOR REVIEW DENIED.
2 10-73314