NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 22 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
KEYVAN MOBED MEHDIABADI, No. 09-70281
Petitioner, Agency No. A095-618-039
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, LEAVY, and BYBEE, Circuit Judges.
Keyvan Mobed Mehdiabadi, a native and citizen of Iran, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for abuse of discretion the denial of 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 Mehdiabadi’s
motion to reopen because it was filed more than two years after the final removal
order, see 8 C.F.R. § 1003.23(b)(4)(2), and Mehdiabadi did not show that he acted
with the due diligence required for equitable tolling of the filing deadline. See
Singh, 491 F.3d at 1096-97.
Mehdiabadi’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 09-70281