Andres Gonzalez; Apolonia Gonzalez v. WILLIAM P. BARR, Attorney General

18-71352Court of Appeals for the Ninth CircuitOct 21, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANDRES GONZALEZ; APOLONIA
GONZALEZ,
Petitioners,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-71352
Agency Nos. A079-533-624
A070-722-166
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Andres Gonzalez and Apolonia Gonzalez, natives and citizens of Mexico,
petition for review of the Board of Immigration Appeals’ (“BIA”) order denying
their 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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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review de novo questions of law. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir.
2016). We deny the petition for review.
The BIA did not err by not addressing petitioners’ request for equitable
tolling of the time and number limitations. Petitioners’ request was not based on a
recognized ground for tolling, such as fraud, deception, or error. See id. at 582
(time and numerical deadlines may be equitably tolled during periods when a
petitioner is prevented from filing because of “deception, fraud, or error”).
PETITION FOR REVIEW DENIED.

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