RODRIGUEZ GARCIA v. GARLAND (2021)

MEMORANDUM **

Pedro Rodriguez-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen and a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We deny the petition for review.

The BIA did not abuse its discretion in denying Rodriguez-Garcia's motion to reopen and reconsider as untimely, where he filed the motion more than 4 years after the order of removal became final and Rodriguez-Garcia failed to demonstrate that he met the requirements for equitable tolling. See 8 C.F.R. §§ 1003.2(b)(2), (c)(2); see also Avagyan v. Holder, 646 F.3d 672, 677-79 (9th Cir. 2011) (discussing the circumstances in which a movant may be entitled to equitable tolling).

The BIA did not abuse its discretion in denying Rodriguez-Garcia's motion to reopen and reconsider where his challenges to the agency's jurisdiction under Pereira v. Sessions, ––– U.S. ––––, 138 S. Ct. 2105, 201 L.Ed.2d 433 (2018), fail under Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019).

The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal is otherwise denied.

PETITION FOR REVIEW DENIED.