Oscar Noel Menjivar Guardado 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR NOEL MENJIVAR
GUARDADO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72642
Agency No. A075-526-638
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Oscar Noel Menjivar Guardado, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Apppeals’ (“BIA”) order denying his
motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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§ 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003), we deny the petition for review.
The BIA did not abuse its discretion in denying Menjivar Guardado’s
motion to reopen because the motion was filed more than 3 years after the BIA’s
June 30, 2003, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2),
and Menjivar Guardado failed to demonstrate that he acted with the due diligence
required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling is
available “when a petitioner is prevented from filing because of deception, fraud,
or error, as long as the petitioner acts with due diligence”).
In light of this disposition, we do not consider Menjivar Guardado’s
remaining contentions.
PETITION FOR REVIEW DENIED.

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