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No. 8641591
United States Court of Appeals for the Ninth Circuit
Hernandez v. Gonzales
No. 8641591 · Decided June 13, 2007
No. 8641591·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 13, 2007
Citation
No. 8641591
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Isidro A. Hernandez petitions for review of the Board of Immigration Appeals’ affir-mance of an Immigration Judge’s decision (IJ) to deny his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition. Substantial evidence, see Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995) (reciting standard of review), supports the IJ’s finding that Hernandez did not demonstrate due diligence in the seven years between the deportation order and his motion. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc) (describing requirements for establishing diligence). Therefore, equitable tolling does not apply. Id. Accordingly, the IJ’s decision to deny Hernandez’s motion to reopen was not an abuse of discretion. See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000) (reciting standard of review). PETITION DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
Hernandez petitions for review of the Board of Immigration Appeals’ affir-mance of an Immigration Judge’s decision (IJ) to deny his motion to reopen.
Key Points
01Hernandez petitions for review of the Board of Immigration Appeals’ affir-mance of an Immigration Judge’s decision (IJ) to deny his motion to reopen.
02INS, 58 F.3d 1425, 1429 (9th Cir.1995) (reciting standard of review), supports the IJ’s finding that Hernandez did not demonstrate due diligence in the seven years between the deportation order and his motion.
03INS, 272 F.3d 1176, 1193 (9th Cir.2001) (en banc) (describing requirements for establishing diligence).
04Accordingly, the IJ’s decision to deny Hernandez’s motion to reopen was not an abuse of discretion.
Frequently Asked Questions
Hernandez petitions for review of the Board of Immigration Appeals’ affir-mance of an Immigration Judge’s decision (IJ) to deny his motion to reopen.
FlawCheck shows no negative treatment for Hernandez v. Gonzales in the current circuit citation data.
This case was decided on June 13, 2007.
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