Arango-Gonzalez v. Holder

388 F. App'x 610

Opinion

MEMORANDUM **

In these consolidated petitions for review, Carmen P. Limón and Adolfo Limón Gonzalez, mother and son and natives and citizens of Mexico, petition for review the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely because it was filed more than 90 days after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to establish grounds for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available to a petitioner who is prevented from filing due to deception, fraud or error, and exercises due diligence in discovering such circumstances). We therefore do not reach petitioners’ contentions related to their former counsel’s alleged ineffective assistance.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.