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331 F. App'x 539

Orozco-Ramirez v. Holder

U.S. Courts of Appeals

Decided August 17, 2009

U.S. Courts of Appeals · decided 2009-08-17

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Barron v. Ashcroft · Carlos Humberto Ordonez v. Immigration and Naturalization Service

Decided 2009-08-17

¶1MEMORANDUM

¶2Marvin R. Orozco-Ramirez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

¶3The BIA did not abuse its discretion in denying Orozco’s motion to reopen because it was untimely. See 8 C.F.R. § 1003.2(c)(2). We lack jurisdiction to consider Orozco’s contention that the BIA should have equitably tolled the filing deadline because Orozco did not exhaust the contention before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

¶4PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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

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