Kariuki
Kariuki v. Garland
United States Court of Appeals for the Ninth CircuitJanuary 15, 202523-4093California1,293 words
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 15 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EUNICE WAMAITHA KARIUKI, No. 23-4093 Agency No. Petitioner, A088-544-364 v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals
Argued and Submitted October 24, 2024 Phoenix, Arizona
Before: M. SMITH, BADE, and FORREST, Circuit Judges.
Petitioner Eunice Wamaitha Kariuki, a native and citizen of Kenya, petitions
for review of a Board of Immigration Appeals’ (BIA) decision denying her motion
to reopen removal proceedings. Kariuki acknowledges that the motion was
untimely by several years but argues that the BIA erred by determining that she
had not shown “extraordinary circumstances” to justify a waiver of the one-year
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. filing deadline under 8 U.S.C. § 1229a(c)(7)(C)(iv). As set forth in Magana-