FILED
NOT FOR PUBLICATION DEC 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERONIMO ALVAREZ, No. 12-74070
Petitioner, Agency No. A029-138-490
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Geronimo Alvarez, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s denial of his motion to reopen deportation proceedings to
pursue relief under the Nicaraguan and Central American Relief Act of 1997
*
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).
(“NACARA”). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse
of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672,
674 (9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying Alvarez’s motion to reopen
as untimely where the motion was filed more than eleven years after the relevant
deadline, see 8 C.F.R. § 1003.43(e)(1) (a motion to reopen to pursue special rule
suspension of deportation under NACARA must be filed no later than September
11, 1998), and Alvarez failed to demonstrate the due diligence required to obtain
equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable
tolling is available to a petitioner who is prevented from filing because of
deception, fraud or error, and exercised due diligence in discovering such
circumstances).
PETITION FOR REVIEW DENIED.
2 12-74070