Gregorio Ostolaza-Ayala v. Eric Holder, Jr.

MEMORANDUM

Gregorio Ostolaza-Ayala, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying 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, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ostolaza-Ayala’s motion to reopen as untimely where Ostolaza-Ayala filed his motion more than five years after his final order of removal, and he failed to demonstrate that the one-year filing deadline should be waived due to extraordinary circumstances. 8 U.S.C. § 1229a(c)(7)(C)(iv)(III).

In light of our disposition, we need not reach Ostolaza-Ayala’s remaining contention.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.