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358 F. App'x 883

Kaseh v. Holder

U.S. Courts of Appeals

Decided December 7, 2009

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U.S. Courts of Appeals · decided 2009-12-07

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

Relies on Iturribarria v. Immigration & Naturalization Service

Decided 2009-12-07

MEMORANDUM

¶1 Ghatas Kaseh, a native and citizen of Syria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

¶2 The BIA did not abuse its discretion in denying as untimely Kaseh’s motion to reopen because the motion was filed almost six years after the BIA’s January 25, 2001 order, see 8 C.F.R. § 1003.2(c)(2), and Kaseh failed to establish that he 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”).

¶3 PETITION FOR REVIEW DENIED.

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

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