FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AUGUSTO BRIGIDO SAAVEDRA No. 08-74614
CALDERON,
Agency No. A070-784-023
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Augusto Brigido Saavedra Calderon, a native and citizen of Peru, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen based on ineffective assistance of counsel. We have jurisdiction
*
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).
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 BIA did not abuse its discretion by denying Saavedra Calderon’s motion
to reopen because the motion was filed more than five years after the BIA’s
September 5, 2002, order dismissing the underlying appeal, see 8 C.F.R.
§ 1003.2(c)(2), and Saavedra Calderon failed to demonstrate that he acted with the
due diligence required to warrant equitable tolling, see Iturribarria, 321 F.3d at
897.
PETITION FOR REVIEW DENIED.
2 08-74614