Petition for review of a denial of plaintiff's second motion to reopen immigration proceedings to allow him to apply for adjustment of status based on his marriage to a United States citizen is denied where Board of Immigration Appeals did not abuse its discretion in finding that plaintiff had not exercised the due diligence required to invoke the equitable tolling of the time limitations on his untimely motion to reopen.
Petition for Review of an Order of the Board of Immigration Appeals.
Decided July 17, 2009
Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.
Opinion by Lipez, Circuit Judge.
For Respondent: Gregory G. Katsas, Greg D. Mack, and Wendy Benner-León, U.S. Department of Justice.