Roberto CARDENAS CABALLERO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 469 F. App'x 657

MEMORANDUM Roberto Cardenas Caballero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the 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 agency did not abuse its discretion in denying Cardenas Caballero’s motion to reopen because the motion was filed more than eleven years after the IJ’s June 24, 1997, removal order, see 8 C.F.R. § 1003.23(b)(1), and Cardenas Caballero failed to establish that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”). 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.