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NOT FOR PUBLICATION MAY 04 2011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
CORNELIA MARIBEL DE LEON DIAZ, No. 09-72396
Petitioner, Agency No. A072-134-775
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Cornelia Maribel De Leon Diaz, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying asylum and restriction of
removal to Guatemala. 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, Mohammed v. Gonzales,
400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying De Leon Diaz’s motion to
reopen because the motion was filed more than six years after the BIA’s November
6, 2002, order, see 8 C.F.R. § 1003.2(c)(2), and De Leon Diaz failed to establish
that she acted with the due diligence required for equitable tolling, see Iturribarria
v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (deadline can be equitably tolled “when a
petitioner is prevented from filing because of deception, fraud, or error, as long as
the petitioner acts with due diligence”).
PETITION FOR REVIEW DENIED.
2 09-72396