FILED
NOT FOR PUBLICATION MAR 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MIGUEL CASTRO-GOMEZ, No. 09-70584
Petitioner, Agency No. A079-540-872
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Miguel Castro-Gomez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d
889, 894 (9th Cir. 2003), and we deny the petition for review.
The BIA acted within its discretion in denying as untimely Castro-Gomez’s
motion to reopen because the motion was filed more than four years after the
BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Castro-Gomez did
not establish that he acted with the due diligence required for equitable tolling of
the time limitation, see Iturribarria, 321 F.3d at 897; see also Singh v. INS, 213
F.3d 1050, 1054 n.8 (9th Cir. 2000) (statements in motions are not evidence and
are therefore not entitled to evidentiary weight).
PETITION FOR REVIEW DENIED.
2 09-70584