Badillo-Tena

Badillo-Tena v. Gonzales

Good Law
223 F. App'x 691
United States Court of Appeals for the Ninth CircuitMarch 1, 2007No. 05-76823California279 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Martin Badillo-Tena, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings. Reviewing *692 for abuse of discretion, 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 acted within its discretion in denying Badillo-Tena’s motion to reopen as untimely because it was filed over one year after the BIA’s final removal order. See 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed no later than 90 days after the final administrative decision was rendered).

The BIA acted within its discretion by not applying equitable tolling because Badillo-Tena did not explain how he was prevented from complying with the filing deadline. See Iturribarria, 321 F.3d at 897 (equitable tolling applies where an alien is prevented from timely filing because of deception, fraud, or error); Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc) (equitable tolling applies where an alien demonstrates that he was ignorant of the filing deadline due to circumstances beyond his control).

To the…

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