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NOT FOR PUBLICATION MAY 04 2011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
FLORIDALMA PEREZ-SAMAYOA, No. 09-73372
Petitioner, Agency No. A070-193-356
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.
Floridalma Perez-Samayoa, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her motion to reopen removal
proceedings. 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 Perez-Samayoa’s motion
to reopen because the motion was filed more than fifteen years after the IJ’s
February 22, 1994, deportation order, see 8 C.F.R. § 1003.23(b)(1), and Perez-
Samayoa failed to establish that she acted with the due diligence required for
equitable tolling, see Iturribarria, 321 F.3d at 897 (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 09-73372