Alvaro Chavez-Acevedo v. ERIC H. HOLDER, 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NOT FOR PUBLICATION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
ALVARO CHAVEZ-ACEVEDO,
Petitioner,
v.
ERIC H. HOLDER, Attorney General,
Respondent.
No. 08-71351
Agency No. A073-922-981
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Alvaro Chavez-Acevedo, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71351 2
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 Chavez-Acevedo’s second
motion to reopen as untimely because it was filed more than 90 days after the
BIA’s final order of removal and Chavez-Acevedo failed to demonstrate that he
qualified for any exceptions to the 90-day time limit. See 8 U.S.C.
§ 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of final
administrative order of removal); 8 C.F.R. § 1003.2(c)(3) (listing exceptions to the
time limitation).
Chavez-Acevedo’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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