FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO PABLO GOMEZ, No. 10-72721
Petitioner, Agency No. A070-786-148
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Francisco Pablo Gomez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen deportation
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785,
791 (9th Cir. 2005), and we deny the petition for review.
The agency did not abuse its discretion in denying Gomez’s motion to
reopen because the motion was filed nearly ten years after his deportation order
became final, see 8 C.F.R. § 1003.2(c)(2), and Gomez failed to establish that he
acted with the due diligence required for equitable tolling, see Iturribarria v. INS,
321 F.3d 889, 897 (9th Cir. 2003) (equitable tolling available “when a petitioner is
prevented from filing because of deception, fraud, or error, as long as the petitioner
acts with due diligence”).
PETITION FOR REVIEW DENIED.
2 10-72721