LAW.coLAW.co

Maria Leonor PAREDES-ORTEGA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-04-26No. No. 09-72923
429 F. App'x 636

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Maria Leonor Paredes-Ortega, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen deportation proceedings conducted in absentia. 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 agency did not abuse its discretion in denying Paredes-Ortega’s motion to reopen. Contrary to Paredes-Ortega’s contention, she received proper notice of her deportation hearing. See 8 U.S.C. § 1252b(a)(2) (repealed 1996); see also Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir.2000) (per curiam) (notice to counsel sufficient). The motion was therefore untimely because Paredes-Ortega filed it more than 12 years after the May 16,1996, deportation order, see 8 U.S.C. § 1252b(c)(3) (repealed 1996), and Paredes-Ortega failed to demonstrate that she acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

PETITION FOR REVIEW DENIED.

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