FILED
NOT FOR PUBLICATION OCT 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DILBAG SINGH, a.k.a. Dilbagh Singh, No. 08-72427
Petitioner, Agency No. A072-136-814
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Dilbag Singh, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) 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, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and
we deny the petition for review.
The BIA acted within its discretion in denying as untimely Singh’s motion
to reopen because the motion was filed almost 10 years after the BIA’s final
removal order, see 8 C.F.R. § 1003.2(c)(2), and Singh did not show that he acted
with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-
97.
PETITION FOR REVIEW DENIED.
2 08-72427