Keyvan Mehdiabadi v. Eric H. Holder Jr.

MEMORANDUM

Keyvan Mobed Mehdiabadi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.2007), and we deny the petition for review.

The BIA acted within its discretion in denying as untimely Mehdiabadi’s motion to reopen because it was filed more than two years after the final removal order, see 8 C.F.R. § 1003.23 (b)(4)(2), and Mehdiaba-di did not show that he acted with the due diligence required for equitable tolling of the filing deadline. See Singh, 491 F.3d at 1096-97 .

Mehdiabadi’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

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