Victor Fuentes v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAY 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VICTOR FUENTES, No. 09-70482 Petitioner, Agency No. A072-255-390 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Victor Fuentes, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review. The BIA did not abuse its discretion in denying Fuentes’ motion to reopen as untimely, see 8 C.F.R. § 1003.2(c)(2), and Fuentes did not demonstrate that he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897. Fuentes’ contention that the BIA abused its discretion by making cursory statements is not supported by the record. We need not address Fuentes’ remaining contentions. PETITION FOR REVIEW DENIED. 2 09-70482