Eduardo Mizael PANTALEON-SIERRA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 523 F. App'x 450

MEMORANDUM Eduardo Mizael Pantaleon-Sierra, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Pantaleon-Sierra’s motion to reopen as untimely where the motion was filed more than five years after his removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Pantaleon-Sierra failed to demonstrate the due diligence required to obtain equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances). PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.