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Jose Alfredo RODRIGUEZ-PEREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-03-16No. No. 09-71071
421 F. App'x 757

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Opinion

majority opinion

MEMORANDUM

Jose Alfredo Rodriguez-Perez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion by denying Rodriguez-Perez’s motion to reopen as untimely because it was filed over 90 days after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and because Rodriguez-Perez failed to establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.