Jose Urrutia-Delgado v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Jose Socorro Urrutia-Delgado and Maria Silva Rios, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order denying their motion to reopen removal proceedings conducted in ab-sentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to reopen because the motion was filed more than ten years after the final removal order, see 8 C.F.R. § 1003.23 (b)(4)(iii), and petitioners failed to establish that they acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling is available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”). Petitioners’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation).