NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 4 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FABIAN FRAGOSO-GONZALEZ, No. 14-72121
Petitioner, Agency No. A075-476-860
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Fabian Fragoso-Gonzalez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) order denying his motion to reopen removal
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 Ninth Circuit Rule 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. Avagyan v. Holder, 646 F.3d 672, 678
(9th Cir. 2011). We deny the petition for review.
The agency did not abuse its discretion in denying Fragoso-Gonzalez’s
motion to reopen as untimely, where the motion was filed more than 14 years after
the IJ’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Fragoso-Gonzalez
failed to establish the due diligence required for equitable tolling of the filing
deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to an alien
who is prevented from timely filing a motion to reopen due to deception, fraud, or
error, as long as petitioner exercises due diligence in discovering such
circumstances).
Because the timeliness determination is dispositive, we do not address
Fragoso-Gonzalez’s contention that the BIA used the incorrect legal standard to
analyze whether he received ineffective assistance of counsel or was prejudiced.
PETITION FOR REVIEW DENIED.
2 14-72121