Teodoro Susano-Garcia 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TEODORO SUSANO-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70547
Agency No. A078-000-217
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Teodoro Susano-Garcia, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the BIA’s denial of a motion to reopen, Iturribarria
FILED
JUN 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70547 2
v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part
the petition for review.
The BIA did not abuse its discretion in denying Susano-Garcia’s motion to
reopen as time- and number-barred because it was his second motion to reopen and
it was filed over two years after the BIA’s final order of removal, see 8 U.S.C.
§ 1229a(c)(7)(A)-(C) (motion to reopen normally limited to one, and must be filed
within 90 days of final administrative order of removal), and Susano-Garcia did
not show he was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (due
diligence required for equitable tolling).
Susano-Garcia’s contention that the BIA did not sufficiently address his
hardship evidence fails because the BIA’s time- and number-bar determination was
dispositive. See 8 U.S.C. § 1229a(c)(7).
We lack jurisdiction to review the BIA’s sua sponte determination. See
Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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