Lemus

Lemus v. Holder

Good Law
360 F. App'x 757
United States Court of Appeals for the Ninth CircuitDecember 23, 2009No. 06-73808California371 words

Opinion

Lead Opinion

MEMORANDUM **

Perci Obdulio Lemus, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision 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, and review de novo due claims of process violations. Iturribama v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Lemus’ motion to reopen as untimely because the motion was filed more than 10 years after the final order of deportation, see 8 C.F.R. § 1003.23 (b)(1), and Lemus failed to demonstrate that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled when petitioner acts with due diligence). Lemus’ contention that the denial of his motion to reopen violated due process therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for due process violation).

Lemus’ contention that the BIA violated his…

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