FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JIAN LE YOU, No. 09-70408
Petitioner, Agency No. A079-793-384
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.
Jian Le You, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ order dismissing his appeal from an immigration judge’s
decision denying his motion to reopen deportation proceedings conducted in
absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse 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).
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 agency did not abuse its discretion in denying You’s motion to reopen
as untimely where he filed the motion more than four years after his deportation
order was entered, see 8 C.F.R. § 1003.23(b)(4)(iii)(A)(1) (motion to reopen must
be filed within 180 days of deportation order entered in absentia), and You failed
to show that he acted with the due diligence required to warrant equitable tolling of
the filing deadline. Iturribarria, 321 F.3d at 897 (a petitioner may obtain equitable
tolling based on ineffective assistance of counsel as long as he “act[ed] with due
diligence in discovering the deception, fraud, or error”).
PETITION FOR REVIEW DENIED.
2 09-70408