Richard Bernard v. Eric Holder, Jr.

MEMORANDUM

Richard Bernard, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 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 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Bernard’s untimely motion to reopen to seek adjustment of status for battered spouses, because Bernard failed to demonstrate extraordinary circumstances to waive the one-year filing deadline. See 8 U.S.C. § 1229a(c)(7)(C)(iv)(III). The record belies Bernard’s contention that the BIA did not adequately explain the basis for its extraordinary circumstances determination. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (requiring only that the BIA announce its decision in terms sufficient to enable review).

The BIA also did not abuse its discretion by determining that Bernard’s motion to reopen did not warrant equitable tolling of the filing deadline. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en…