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362 F. App'x 789

Kaur v. Holder

U.S. Courts of Appeals

Decided January 20, 2010

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U.S. Courts of Appeals · decided 2010-01-20

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 2010-01-20

¶1 MEMORANDUM

¶2 Kamaljit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny the petition for review.

¶3 The BIA did not abuse its discretion in denying as untimely Kaur’s motion to reopen because the motion was filed more than two years after the BIA’s April 29, 2004, order, see 8 C.F.R. § 1003.2(c)(2), and Kaur failed to establish grounds for equitable tolling, see Iturribarria, 321 F.3d at 897-98 (deadline for filing a motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

¶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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