FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE AGUILAR-LOPEZ, No. 08-72899
Petitioner, Agency No. A027-581-777
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.
Jose Aguilar-Lopez, a native and citizen of Mexico, 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. Reviewing for abuse of discretion the
*
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).
denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.
2003), we deny the petition for review.
The BIA did not abuse its discretion in denying Aguilar-Lopez’s motion to
reopen as time- and number-barred because the successive motion was filed more
than 17 years after the BIA’s March 19, 1991, order dismissing the underlying
appeal, see 8 C.F.R. § 1003.2(c)(2) (only one motion to reopen permitted and the
motion generally must be filed within 90 days of the final order or on or before
September 30, 1996, whichever is later ), and Aguilar-Lopez failed to establish
grounds for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling
available “when a petitioner is prevented from filing because of deception, fraud,
or error, as long as the petitioner acts with due diligence”).
Aguilar-Lopez’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 08-72899