Maria Navarro-Vargas v. Eric H. Holder Jr., No. 08-73138 (9th Cir. 2010)

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FILED NOV 02 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA LISBETH NAVARROVARGAS, No. 08-73138 Agency No. A096-051-962 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Maria Lisbeth Navarro-Vargas, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for * 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). abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review. The BIA did not abuse its discretion in denying Navarro-Vargas motion to reopen as time- and number-barred where the successive motion was filed nearly four years after the BIA s July 27, 2004, order dismissing her underlying appeal, and Navarro-Vargas failed to demonstrate that she qualified for an exception to the time and number limits, or for equitable tolling. See 8 C.F.R. § 1003.2(c)(2)-(3); Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir. 2003). PETITION FOR REVIEW DENIED. 2 08-73138

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