Lian v. Gonzales

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FIFTH CIRCUIT July 20, 2007

Charles R. Fulbruge III No. 06-60865 Clerk Summary Calendar

YAN LIAN,

Petitioner,

versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,

Respondent. _________________________________________________________________

Petition for Review of an Order of the Board of Immigration Appeals (A77 322 415) _________________________________________________________________

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Yan Lian, a native and citizen of China, petitions for review

of an order of the Board of Immigration Appeals (BIA) denying her

untimely motion to reopen removal proceedings. Lian contends her

motion to reopen: met the requirements set forth in 8 C.F.R.

§ 1003.2(c)(3)(ii); and, in the alternative, warranted equitable

tolling of the filing period. Lian has failed to show that the BIA

*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1 abused its discretion by denying her motion to reopen. See Lara v.

Trominski, 216 F.3d 487, 496 (5th Cir. 2000).

DENIED

2