FILED
NOT FOR PUBLICATION APR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA CECILIA HURTADO- No. 09-71245
CASTELLANOS,
Agency No. A074-820-053
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Maria Cecilia Hurtado-Castellanos, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reopen deportation proceedings. Our jurisdiction is governed by
8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion
*
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).
to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny in part
and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Hurtado-Castellanos’s
motion to reopen as untimely because she filed the motion more than eight years
after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she failed to
establish the due diligence required for equitable tolling of the filing deadline, see
Iturribarria, 321 F.3d at 897.
We lack jurisdiction to review Hurtado-Castellanos’s contention that the
BIA should have invoked its sua sponte authority to reopen her proceedings. See
Mejia-Hernandez v. Holder, No. 07-74277, 2011 WL 240357, at * 3-4 (9th Cir.
Jan. 27, 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-71245