NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NELSON CELADA, AKA Nelson Mauricio No. 15-73917
Celada De Leon,
Agency No. A072-535-674
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2017**
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
Circuit Judges.
Nelson Celada, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen in
absentia deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review for abuse of discretion the denial of a motion to reopen. Avagyan v.
Holder, 646 F.3d 672, 674 (9th Cir. 2011). We deny the petition for review.
The BIA did not abuse its discretion in denying Celada’s motion to reopen
as untimely, where he filed the motion over nineteen years after his final order of
deportation, see 8 C.F.R. §§ 1003.2(c)(2), 1003.23, and he has not demonstrated
the due diligence necessary to warrant equitable tolling of the filing deadline, see
Avagyan, 646 F.3d at 679 (equitable tolling is available to an alien who is
prevented from filing a motion to reopen due to deception, fraud, or error, as long
as the alien exercises due diligence in discovering such circumstances).
In light of this disposition, we do not reach Celada’s remaining contentions
regarding the alleged ineffective assistance of counsel.
PETITION FOR REVIEW DENIED.
2 15-73917