Jaime Feliciano Urias-Reyes 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NOT FOR PUBLICATION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
JAIME FELICIANO URIAS-REYES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70752
Agency No. A071-637-442
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Jaime Feliciano Urias-Reyes, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen and rescind his in absentia deportation order. We have jurisdiction under
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-70752 2
reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the
petition for review.
Nor did the BIA abuse its discretion in denying Urias-Reyes’ motion to
reopen because it was filed more than eighteen years after his final order of
deportation, see 8 C.F.R. § 1003.23(b)(4)(iii)(A)(1), Urias-Reyes did not establish
the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897,
and Urias-Reyes’ conceded in his declaration that he received notice of the August
6, 1991, hearing at which he was ordered deported in absentia. See 8 U.S.C.
§ 1252b(c).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --