Miriam Briseno-Garcia v. Eric Holder, Jr.

MEMORANDUM

Miriam Selenne Briseno-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The agency did not abuse its discretion in denying Briseno-Garcia’s motion to reopen where she filed the motion over six years after she was ordered deported, see 8 C.F.R. § 1003.23 (b)(1) (motion to reopen must be filed within 90 days of final order), and she did not establish a basis for equitable tolling, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc) (equitable tolling available where, despite due diligence, petitioner is unable to obtain vital information bearing on the existence of a claim because of circumstances beyond petitioner’s control).

Briseno-Garcia’s contention that the denial of reopening violated her right to due process fails. See Lata v. INS, 204 F.3d 1241,…