RAMIREZ FUENTES v. SESSIONS III (2018)

MEMORANDUM **

Armando Ramirez-Fuentes, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeal’s order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal 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. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The agency did not abuse its discretion in denying Ramirez-Fuentes’ motion to reopen as untimely, where he filed his motion more than 15 years after his final order of removal, see 8 C.F.R. § 1003.23(b)(4)(ii), and failed to show due diligence for equitable tolling of the filing deadline, see Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (equitable tolling is available to an alien who is prevented from timely filing a motion to reopen due to deception, fraud, or error, as long as the alien exercises due diligence in discovering such circumstances).

PETITION FOR REVIEW DENIED.