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Alma Gloria RUMUALDO-GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-07-24No. No. 08-74669
474 F. App'x 705

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Opinion

majority opinion

MEMORANDUM

Alma Gloria Rumualdo-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, Iturribar ria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying as untimely Rumualdo-Garcia’s motion to reopen because the motion was filed more than a year after the BIA’s June 26, 2007, order, and Rumualdo-Gar-cia failed to meet the requirements for the exception based on changed country conditions or demonstrate the due diligence necessary for equitable tolling. See 8 C.F.R. § 1003.2(c)(2), (3)(ii); Iturribarria, 321 F.3d at 897 (the deadline for filing a motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error”).

In light of our disposition, we need not reach Rumualdo-Garcia’s remaining contentions.

PETITION FOR REVIEW DENIED.

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