Maria Hurtado-Castellanos v. Eric Holder, Jr., No. 09-71245 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA CECILIA HURTADOCASTELLANOS, No. 09-71245 Agency No. A074-820-053 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Maria Cecilia Hurtado-Castellanos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA s denial of a motion * 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). to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Hurtado-Castellanos s motion to reopen as untimely because she filed the motion more than eight years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she failed to establish the due diligence required for equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897. We lack jurisdiction to review Hurtado-Castellanos s contention that the BIA should have invoked its sua sponte authority to reopen her proceedings. See Mejia-Hernandez v. Holder, No. 07-74277, 2011 WL 240357, at * 3-4 (9th Cir. Jan. 27, 2011). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 09-71245

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