440 F. App'x 571

Maricela ARCEO-GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-73992.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed June 28, 2011.

Susan Elizabeth Hill, Hill, Piibe & Ville-gas, Los Angeles, CA, for Petitioner.

Charles S. Greene, Trial, DOJ — U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

MEMORANDUM **

Maricela Arceo-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s *572decision 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, 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 by denying Arceo-Garcia’s motion to reopen as untimely because it was filed over 13 years after the agency’s final order of removal, see 8 U.S.C. § 1229a(c)(7), and Arceo-Garcia failed to establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897; Singh v. Gonzales, 491 F.3d 1090, 1095-97 (9th Cir.2007).

PETITION FOR REVIEW DENIED.

Arceo-Garcia v. Holder
440 F. App'x 571

Case Details

Name
Arceo-Garcia v. Holder
Decision Date
Jun 28, 2011
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440 F. App'x 571

Jurisdiction
United States

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