Anita Reyes Gualajara v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Anita Reyes Gualajara, a native and citizen of Mexico, appeals the decision of the Board of Immigration Appeals denying her second motion to reopen her removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.
We review the BIA’s denial of a motion to reopen removal proceedings for abuse of discretion. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). The Court defers to the BIA’s exercise of discretion unless the Board acted arbitrarily, irrationally, or contrary to law. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002).
A petitioner is limited to one motion to reopen her removal proceedings, and the motion must be filed within 90 days of the final administrative decision. 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2 (c)(2). However, we permit equitable tolling of “deadlines and numerical limits on motions to reopen or reconsider during periods when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence in discovering the deception, fraud, or error.” Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003).