Omar Lopez, a.k.a. Rodolfo Rodriguez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR LOPEZ, a.k.a. Rodolfo Rodriguez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71541
Agency No. A095-751-561
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Omar Lopez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen removal proceedings
FILED
JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d
672, 674 (9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying Lopez’s motion to reopen as
untimely where it was filed over a year after his removal order became final, see 8
U.S.C. § 1229a(b)(5)(C)(i) (an alien seeking to reopen and rescind an in absentia
removal order based on exceptional circumstances must file the motion within 180
days after the date of the removal order), and Lopez failed to set forth a basis for
equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable
tolling of the filing deadline is available where petitioner establishes that he was
prevented from filing because of deception, fraud or error, and acted with due
diligence in discovering such circumstances).
PETITION FOR REVIEW DENIED.
12-71541 2

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