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367 F. App'x 870

Bila v. Holder

U.S. Courts of Appeals

Decided February 26, 2010

U.S. Courts of Appeals · decided 2010-02-26

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 2010-02-26

¶1 MEMORANDUM

¶2 Svitlana Bila, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. 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 Bila’s motion to reopen as untimely because it was filed almost nine months after the final order of deportation, see 8 C.F.R. § 1003.23(b)(1) (motion to reopen must be filed within ninety days of final order of deportation), and Bila failed to establish that any of the regulatory exceptions apply, see 8 C.F.R. § 1003.23(b)(4).

¶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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