FILED
NOT FOR PUBLICATION JUL 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REFUGIO AGUIRRE-GOMEZ; et al., No. 10-72023
Petitioners, Agency Nos. A073-929-291
A073-929-292
v. A073-929-293
ERIC H. HOLDER, Jr., Attorney General,
MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Refugio Aguirre-Gomez, Miriam Aguirre, and their minor child, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their 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, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the
petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely because the motion was filed 14 years after the September 8,
1995, deportation order, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to
establish the due diligence required for equitable tolling, see Singh, 491 F.3d at
1096-97.
We need not consider petitioners’ remaining contentions in light of our
disposition.
PETITION FOR REVIEW DENIED.
2 10-72023