Calderon
Calderon v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Irma Rutilia Calderon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her motion to reopen deportation proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.
The BIA did not abuse its discretion in denying Calderon’s motion to reopen as untimely because it was filed more than nine years after she was ordered deported in absentia, 8 U.S.C. § 1252b(c)(3) (1995) (motion to reopen must be filed within 180 days after the date of the order of deportation if the alien demonstrates that the failure to appear was due to exceptional circumstances), and Calderon did not show that she was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence.”).