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362 F. App'x 726

Duran-Ramirez v. Holder

U.S. Courts of Appeals

Decided January 19, 2010

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U.S. Courts of Appeals · decided 2010-01-19

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

Relies on Singh v. Gonzales

Decided 2010-01-19

¶1 MEMORANDUM

¶2 Marco Duran-Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.2007), and we deny the petition for review.

¶3 The BIA acted within its discretion in denying Duran-Ramirez’s motion to reopen as untimely because it was not filed within 90 days of the BIA’s final decision on his underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Duran-Ramirez failed to establish that he acted with the due diligence required for equitable tolling, see Singh, 491 F.3d at 1096-97.

¶4 PETITION FOR REVIEW DENIED.

¶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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