Eloisa De La Cruz BHAGWANI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 401 F. App'x 289

MEMORANDUM Eloísa De La Cruz Bhagwani, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Bhagwani’s motion to reopen as untimely because it was filed nearly twelve years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within ninety days of final order of removal), and Bhagwani did not show she acted with the due diligence required for equitable tolling, see Iturribarria v.

INS, 321 F.3d 889, 897 (9th Cir .2003) (deadline for filing motion to reopen can be equitably tolled “when petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”). Bhagwani’s due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error to prevail on a due process challenge). Bhagwani’s motion to stay her removal is denied. 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.