Sant

Sant v. Holder

Good Law
387 F. App'x 782
United States Court of Appeals for the Ninth CircuitJuly 15, 201007-70766, 07-72497California369 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions for review, Kumar Sant, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his motions to reconsider. Our jurisdiction is governed by 8 U.S.C. 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we review de novo claims of due process violations in immigration proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2002). We deny in part and dismiss in part petition No. 07-70766 and we deny petition No. 07-72497.

The BIA did not abuse its discretion in denying Sant’s motions to reconsider because they were filed more than two years after the BIA’s October 1, 2002, order summarily affirming the immigration judge’s (“IJ”) decision, see 8 C.F.R. § 1003.2 (b)(2) (motion to reconsider a decision must be filed with the BIA within 30 days after the mailing of the decision), and Sant failed to establish grounds for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir.2003) (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error,…

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