Mohammed Ismail-Yusuf v. Eric Holder, Jr.

MEMORANDUM

Mohammed Bilal Ismail-Yusuf, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) order denying his motion to reopen. We possess jurisdiction under 8 U.S.C. § 1282 and review for an abuse of discretion. Ghahremani v. Gonzales, 498 F.3d 993, 997 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

The BIA acted within its discretion by denying Ismail-Yusufs motion as untimely because it was filed more than five years after the agency’s administrative order of removal became final. See 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2 (c)(2). Ismail-Yusuf failed to establish that an exception to the filing deadline applied, see 8 U.S.C. § 1229a(c) (7) (C) (ii), (iv); 8 C.F.R. § 1003.2 (c)(3), and did not demonstrate the reasonable diligence necessary for equitable tolling of the deadline, see Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir.2011). The BIA’s denial of Ismail-Yusufs motion to reopen was therefore not arbitrary, irrational, or contrary to law. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002).

We lack jurisdiction over Ismail-Yusufs challenges to the underlying merits of his 2003 removal…