XIAO ZHU V. ERIC HOLDER, JR., No. 12-72954 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 26 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT XIAO LIN ZHU, No. 12-72954 Petitioner, Agency No. A098-215-527 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Xiao Lin Zhu, a native and citizen of China, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review. The BIA did not abuse its discretion in denying Zhu s motion to reopen as untimely and number-barred where the successive motion was filed more than six years after her removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Zhu failed to present sufficient evidence of changed circumstances in China to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii), or the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances). PETITION FOR REVIEW DENIED. 2 12-72954

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