Ghatas Kaseh v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GHATAS KASEH,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-70784
Agency No. A070-639-503
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Ghatas Kaseh, a native and citizen of Syria, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have
jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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BIA’s denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.
2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying as untimely Kaseh’s motion
to reopen because the motion was filed almost six years after the BIA’s January 25,
2001 order, see 8 C.F.R. § 1003.2(c)(2), and Kaseh failed to establish that he acted
with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at
897 (equitable tolling available “when a petitioner is prevented from filing because
of deception, fraud, or error, as long as the petitioner acts with due diligence”).
PETITION FOR REVIEW DENIED.

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