Jorge Flores Cruz v. Eric Holder, Jr.

MEMORANDUM

Jorge Flores Cruz, 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 denial of his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The agency did not abuse its discretion in denying Flores Cruz’s motion to reopen as untimely where the motion was filed nearly twelve years after his removal order became final, see 8 C.F.R. § 1003.2 (c)(2), and Flores Cruz failed to show the due diligence required for equitable tolling of the filing deadline, see Ava-gyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances). Contrary to Flores Cruz’s contention, the BIA did not create a per se rule when finding he failed to show the requisite due diligence. See id. (assessing the exercise of due diligence includes “ascertain[ing] ... if petitioner is…