U.S. Court of Appeals for the Ninth Circuit, 2010

Samuel Rodriguez Lopez v. Eric H. Holder Jr.

Samuel Rodriguez Lopez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 30, 2010 · Fletcher, Reinhardt, Wardlaw
390 F. App'x 666

Samuel Rodriguez Lopez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Samuel Rodriguez Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 Rodriguez Lopez’s motion to reopen as untimely because he filed the motion almost eight years after the BIA’s January 31, 2000, order, see 8 C.F.R. § 1003.2(c)(2), and Rodriguez Lopez failed to establish that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897; cf. Ghahremani v. Gonzales, 498 F.3d 993, 1000 (9th Cir. 2007).

In light of our disposition, we do not reach Rodriguez Lopez’s remaining contentions.

PETITION FOR REVIEW DENIED.

**

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

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