FILED
NOT FOR PUBLICATION MAR 16 2011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 ALFREDO RODRIGUEZ-PEREZ, No. 09-71071
Petitioner, Agency No. A037-803-987
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Jose Alfredo Rodriguez-Perez, a native and citizen of Mexico, petitions pro
se 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
*
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).
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 Rodriguez-Perez’s motion
to reopen as untimely because it was filed over 90 days after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and because Rodriguez-Perez failed to establish the
due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897.
PETITION FOR REVIEW DENIED.
2 09-71071