NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 25 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MOHAMED ABDULKADIR No. 22-2003 MOHAMED, Agency No.

A071-714-251

Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted September 12, 2023**

Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.

Mohamed Abdulkadir Mohamed, a native and citizen of Somalia, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying his

motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Mohamed’s request for oral argument is denied. § 1252. We review for abuse of discretion the denial of a motion to reopen.

Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for

review.

The BIA did not abuse its discretion in denying Mohamed’s motion to

reopen as untimely, where it was filed over sixteen months after the final removal

order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within

ninety days of final removal order), and petitioner has not established that

equitable tolling of the filing deadline is warranted, see Avagyan v. Holder, 646

F.3d 672, 679 (9th Cir. 2011) (deadline may be equitably tolled when petitioner is

prevented from filing because of deception, fraud, or error, and petitioner acts with

due diligence in discovering such circumstances).

The temporary stay of removal remains in place until the mandate

issues. The supplemented motion for a stay of removal is otherwise denied.

PETITION FOR REVIEW DENIED.

2 22-2003