Gildardo Robles v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Gildardo Robles, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s denial of 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, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and review de novo constitutional claims and questions of law, Khan v. Holder, 584 F.3d 778 , 776 (9th Cir.2009). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying the motion as untimely, where the motion was filed four years after the deadline to seek relief under former § 212(c) of the Immigration and Nationality Act, see 8 C.F.R. § 1003.44 (h) (the deadline to file a special motion to seek section 212(c) relief is April 26, 2005), and more than 90 days after the final order of removal, see 8 C.F.R. § 1003.23 (b)(1). Robles’s due process contentions are therefore unavailing. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (an alien must show error and prejudice to prevail on a due process claim).