FILED
NOT FOR PUBLICATION MAY 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANTE CARLOS GAVILANO; et al., No. 09-70979
09-70982
Petitioner, 09-70984
v. Agency No. A095-198-936
A095-198-938
ERIC H. HOLDER, Jr., Attorney General, A095-198-939
Respondent.
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
San Francisco, California
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
In these consolidated petitions for review, Dante Carlos Gavilano and his
family, natives and citizens of Peru, petition for review of the Board of
Immigration Appeals’ (“BIA”) order denying their motions to reconsider and
*
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).
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reconsider and reopen, Cano-Merida v. INS,
311 F.3d 960, 964 (9th Cir. 2002), and we deny the petitions for review.
The BIA did not abuse its discretion in denying petitioners’ motions to
reconsider. The motions failed to specify any error of fact or law with respect to
the BIA’s dispositive determination that petitioners’ motions to reopen was
untimely and that they failed to establish they were entitled to equitable tolling.
See 8 C.F.R. § 1003.2(b)(1); see also Iturribarria v. INS, 321 F.3d 889, 897 (9th
Cir. 2003) (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”).
The BIA did not abuse its discretion in denying petitioners’ motions to
reopen where petitioners failed to demonstrate that their additional evidence was
previously unavailable. See 8 C.F.R. § 1003.2(c)(1); Bhasin v. Gonzales, 423 F.3d
977, 984 (9th Cir. 2005).
PETITIONS FOR REVIEW DENIED.
2 09-70979