Fanny Ruth ARTEAGA; et al., Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 398 F. App'x 236

MEMORANDUM Fanny Ruth Arteaga and family, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Itumbarria 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 petitioners’ motion to reopen because the successive motion to reopen was filed more than five years after the BIA’s March 11, 2003, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen generally must be filed within 90 days of the final administrative order), and petitioners failed to establish grounds for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”).

Respondent’s motion to strike is denied as moot. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.