Mohamed Abdulkadir Mohamed v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOHAMED ABDULKADIR
MOHAMED,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-2003
Agency No.
A071-714-251
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2023**
Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.
Mohamed Abdulkadir Mohamed, a native and citizen of Somalia, 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.
* 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). Mohamed’s request for oral
argument is denied.
FILED
SEP 25 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-2003
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for
review.
The BIA did not abuse its discretion in denying Mohamed’s motion to
reopen as untimely, where it was filed over sixteen months after the final removal
order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within
ninety days of final removal order), and petitioner has not established that
equitable tolling of the filing deadline is warranted, see Avagyan v. Holder, 646
F.3d 672, 679 (9th Cir. 2011) (deadline may be equitably tolled when petitioner is
prevented from filing because of deception, fraud, or error, and petitioner acts with
due diligence in discovering such circumstances).
The temporary stay of removal remains in place until the mandate
issues. The supplemented motion for a stay of removal is otherwise denied.
PETITION FOR REVIEW DENIED.

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