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

Florencio Salinas-Lopez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided September 29, 2010 · Silverman, Callahan, Smith

397 F. App'x 414

Counsel

Frank P. Sprouls, Esquire, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner., Jennifer L. Lightbody, Esquire, OIL, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Florencio Salinas-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings. 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 Salinas-Lopez’s motion to reopen as untimely because it was filed more than five years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Salinas-Lopez failed to establish grounds for equitable tolling, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir. 2001) (en banc) (equitable tolling applies where “despite all due diligence, [the party invoking equitable tolling] is unable to obtain vital information bearing on the existence of the claim”) (internal quotation and citation omitted). We therefore do not reach Salinas-Lopez’s contentions related to his 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.

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