JAIME URIAS-REYES V. ERIC HOLDER, JR., No. 11-70752 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JAIME FELICIANO URIAS-REYES, Petitioner, No. 11-70752 Agency No. A071-637-442 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Jaime Feliciano Urias-Reyes, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen and rescind his in absentia deportation order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to * 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). reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. Nor did the BIA abuse its discretion in denying Urias-Reyes motion to reopen because it was filed more than eighteen years after his final order of deportation, see 8 C.F.R. § 1003.23(b)(4)(iii)(A)(1), Urias-Reyes did not establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897, and Urias-Reyes conceded in his declaration that he received notice of the August 6, 1991, hearing at which he was ordered deported in absentia. See 8 U.S.C. § 1252b(c). PETITION FOR REVIEW DENIED. 2 11-70752

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