Juana De Leon-Borayo v. Eric Holder, Jr. , 444 F. App'x 197 ( 2011 )

FILED
NOT FOR PUBLICATION JUL 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUANA DE LEON-BORAYO, No. 10-72723
Petitioner, Agency No. A027-211-797
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Juana De Leon-Borayo, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her motion to reopen deportation
proceedings under section 203(c) of the Nicaraguan Adjustment and Central
*
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).
American Relief Act (“NACARA”). We have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the denial of a motion to reopen,
Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir. 2001), and we deny the
petition for review.
The agency did not abuse its discretion by denying De Leon-Borayo’s
motion to reopen as untimely where the motion was filed after the September 11,
1998, filing deadline, see 8 C.F.R. § 1003.43(e)(1), and De Leon-Borayo’s
ignorance of the deadline and her status before the September 11, 1998, deadline
was not caused by circumstances beyond her control, see Socop-Gonzalez, 272
F.3d at 1193 (equitable tolling available in circumstances beyond a “garden variety
claim of excusable neglect.”); cf. Albillo-De Leon v. Gonzales, 410 F.3d 1090,
1099 (9th Cir. 2005) (NACARA deadline tolled where petitioner missed deadline
because of representative’s deception).
PETITION FOR REVIEW DENIED.
2 10-72723