FILED
NOT FOR PUBLICATION AUG 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SEYED ALI TABATABAEI, No. 09-73205
Petitioner, Agency No. A077-323-924
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Seyed Ali Tabatabaei, a native and citizen of Iran, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) denial of his motion to reopen. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
*
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).
Hernandez v. Mukasey, 524 F.3d 1014, 1017 (9th Cir. 2008). We deny the petition
for review.
The agency did not abuse its discretion by denying Tabatabaei’s motion to
reopen as untimely where he filed it more than 90 days after the IJ’s final
administrative order, see 8 C.F.R. § 1003.23(b)(1), and failed to establish that he
qualified for an exception to the filing deadline or for equitable tolling of the
deadline.
In his opening brief, Tabatabaei fails to address, and thereby waives any
challenge to, the agency’s denial of his motion for failure to establish that he acted
with the due diligence required for equitable tolling or for failure to file an asylum
application in conjunction with the motion, as required by 8 C.F.R.
§ 1003.23(b)(3). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.
1996) (holding issues which are not specifically raised and argued in a party’s
opening brief are waived).
In light our disposition, we need not reach Tabatabaei’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 09-73205