NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 21 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
NICOLAS CASTANEDA RODRIGUEZ; No. 10-70502
et al.,
Agency Nos. A096-353-245
Petitioners, A096-353-246
A096-353-247
v. A096-353-248
ERIC H. HOLDER, Jr., Attorney General,
MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Nicolas Castaneda Rodriguez, Agustina Alvarado Avila, Martin Castaneda
Alvarado, and Maria del Rosario Castaneda Alvarado, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen and reissue. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reopen, Socop-
Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir. 2001) (en banc), and we deny the
petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen and reissue on the ground that it was untimely, see 8 C.F.R. § 1003.2(c)(2),
and petitioners did not demonstrate the due diligence required to obtain equitable
tolling of the filing deadline, see Socop-Gonzalez, 272 F.3d at 1193 (tolling applies
where “despite all due diligence, the party invoking equitable tolling is unable to
obtain vital information bearing on the existence of the claim” as a result of
circumstances beyond his control) (alterations and citation omitted).
In light of our disposition, we need not address petitioners’ remaining
contentions.
PETITION FOR REVIEW DENIED.
2 10-70502