Walter Ivan Rivera-Ayala v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WALTER IVAN RIVERA-AYALA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71597
Agency No. A077-531-708
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Walter Ivan Rivera-Ayala, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s order denying his motion to reconsider. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
FILED
MAR 14 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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a motion to reconsider and review de novo questions of law. Mohammed v.
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Rivera-Ayala’s motion to
reconsider, see 8 C.F.R. § 1003.2(b), where his prior motion to reopen was filed
more than eight years after his final order of removal, and he failed to establish the
due diligence required to equitably toll the filing deadline, see 8 C.F.R.
§ 1003.2(c)(2) (motions to reopen generally must be filed within 90 days of final
order of removal); Avagyan v. Holder, 646 F.3d 672, 679, 682 (9th Cir. 2011)
(petitioner may obtain equitable tolling when prevented from filing because of
deception, fraud, or error where petitioner “made reasonable efforts to pursue relief
until [he] learned of counsel’s ineffectiveness”).
PETITION FOR REVIEW DENIED.
12-71597

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