Duran-Ramirez v. Holder

FILED
NOT FOR PUBLICATION JAN 19 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARCO DURAN-RAMIREZ, No. 07-73458

Petitioner, Agency No. A077-356-995

v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted January 11, 2010 **

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.

Marco Duran-Ramirez, a native and citizen of Mexico, petitions pro se for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review

*
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).

LA/Research
for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491

F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for review.

The BIA acted within its discretion in denying Duran-Ramirez’s motion to

reopen as untimely because it was not filed within 90 days of the BIA’s final

decision on his underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Duran-Ramirez

failed to establish that he acted with the due diligence required for equitable

tolling, see Singh, 491 F.3d at 1096-97.

PETITION FOR REVIEW DENIED.

LA/Research 2 07-73458