Luis Barillas Galindo v. Loretta E. Lynch

MEMORANDUM

Luis Francisco Barillas Galindo, a native and citizen of Guatemala, petitions pro se for review of the Board - of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 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 the petition for review.

The BIA did not abuse its discretion in denying Barillas Galindo’s motion to reopen as untimely, where the motion was filed more than 12 years after his final order of removal, 8 C.F.R. § 1003.2 (c)(2), and Barillas Galindo failed to exercise the due diligence required to warrant equitable tolling of the filing deadline, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (equitable tolling is available to a petitioner who is prevented from timely filing motion to reopen due to deception, fraud or error, as long as petitioner exercises due diligence in discovering such circumstances); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (due diligence requires petitioner to take reasonable steps to investigate any suspected fraud or error, or if he is ignorant of such circumstances,…