Madatian v. Holder
March 1, 2010
**MTR**
The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely because the motion was filed more than 8 years after the BIA’s May 23, 1997, order dismissing their appeal. The BIA acted within its discretion in determining that the evidence submitted with the motion to reopen failed to establish the due diligence required to warrant tolling of the motions deadline.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/01/06-75372.pdf
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