Santiago Nunez v. Eric Holder, Jr.

Good Law
446 F. App'x 869
United States Court of Appeals for the Ninth CircuitAugust 9, 201110-70937California209 words

Opinion

Opinion

MEMORANDUM

Santiago Nunez, Rosa Hernandez, Adriana Nunez, Santiago Nunez, Fabian Nunez, and Jorge Nunez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s denial of their motion to reopen deportation 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 proceedings conducted in absentia, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000), and we deny the petition for review.

The agency did not abuse its discretion in denying petitioners’ motion to reopen because it was filed more than ten years after their final order of deportation, see 8 C.F.R. § 1003.23 (b)(4)(iii)(A)(l), and petitioners did not establish that they acted with the due diligence required for equitable tolling, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc) (equitable tolling available where, despite due diligence, petitioner is unable to obtain vital information bearing on the existence of a claim because of circumstances beyond petitioner’s control).

We deny the government’s motion to stay…

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