FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARICELA ARCEO-GARCIA, No. 09-73992
Petitioner, Agency No. A070-969-814
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.
Maricela Arceo-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s decision denying her motion to reopen. We have jurisdiction under
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
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, 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 by denying Arceo-Garcia’s motion to
reopen as untimely because it was filed over 13 years after the agency’s final order
of removal, see 8 U.S.C. § 1229a(c)(7), and Arceo-Garcia failed to establish the
due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897;
Singh v. Gonzales, 491 F.3d 1090, 1095-97 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
2 09-73992