Juan Carlos Martinez- Villanueva 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NOT FOR PUBLICATION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
JUAN CARLOS MARTINEZ-
VILLANUEVA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71341
Agency No. A079-648-399
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Juan Carlos Martinez-Villanueva, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reconsider as untimely. We have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the denial of a motion to reconsider, Cano-
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71341 2
Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition for
review.
The BIA did not abuse its discretion in denying Martinez-Villanueva’s
motion to reconsider as untimely because he filed the motion more than 5 months
after the BIA issued its final order, see 8 C.F.R. § 1003.2(b)(2), and Martinez-
Villanueva did not show he acted with the diligence required for equitable tolling,
see Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.

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