NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 22 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
DMITRI GEETS CHAVKEROV, No. 10-70525
Petitioner, Agency No. A075-509-580
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
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.
Dmitri Geets Chavkerov, a native and citizen of Russia, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial 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).
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 Chavkerov’s motion to
reopen because the motion was filed more than eight years after the IJ’s March 17,
1999, removal order, see 8 C.F.R. § 1003.23(b)(1), and Chavkerov failed to
establish that he 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 10-70525