Hector Montejano v. Eric Holder, Jr.

MEMORANDUM

Hector Rogelio Casas Montejano, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Casas’s April 29, 2010, motion to reopen as untimely because it was filed more than eleven years after the final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within 90 days of final order of removal), and Casas did not show he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

The BIA did not abuse its discretion by denying Casas’s motion to reopen to apply for relief under the Convention Against Torture (“CAT”), because the BIA considered the evidence he submitted and…