Opinion
No. 06-74066.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 30, 2009.
Gregorio Zuniga-Gutierrez, Los Angeles, CA, pro se.
CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Joan E. Smiley, Esq., DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A024-929-117.
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Gregorio Zuniga-Gutierrez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. We have jurisdiction pursuant to 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 BIA did not abuse its discretion in denying Zuniga-Gutierrez's motion to reopen as untimely where he filed the motion more than 16 years after the BIA issued the final order of deportation, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of final order of deportation or by September 30, 1996), and failed to demonstrate that any exceptions applied to excuse the late filing, see 8 C.F.R. § 1003.2(c)(3).