Alvaro Chavez-Acevedo v. Michael Mukasey, No. 08-71351 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 27 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALVARO CHAVEZ-ACEVEDO, Petitioner, No. 08-71351 Agency No. A073-922-981 v. MEMORANDUM * ERIC H. HOLDER, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Alvaro Chavez-Acevedo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying Chavez-Acevedo s second motion to reopen as untimely because it was filed more than 90 days after the BIA s final order of removal and Chavez-Acevedo failed to demonstrate that he qualified for any exceptions to the 90-day time limit. See 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of final administrative order of removal); 8 C.F.R. § 1003.2(c)(3) (listing exceptions to the time limitation). Chavez-Acevedo s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 08-71351

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