Tellez-Lopez

Tellez-Lopez v. Holder

Good Law
448 F. App'x 665
United States Court of Appeals for the Ninth CircuitAugust 18, 201104-71191California138 words

Opinion

MEMORANDUM

Juan Tellez-Lopez, a native and citizen of Mexico, seeks review of the February 18, 2004 order of the Board of Immigration Appeals (“BIA”) denying as untimely his motion to reopen. We deny his petition for review.

Tellez-Lopez filed the motion to reopen over four months after the BIA’s final order of removal and well beyond the ninety-day deadline for filing such motions. See 8 U.S.C. § 1229a(c)(7)(C)(i). The petition did not provide any reason for the late filing, let alone any “circumstances beyond [Tellez-Lopez’s] control,” to justify equitable tolling. Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc). Accordingly, the BIA did not abuse its discretion in denying the motion as untimely.

The petition is DENIED.

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