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

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

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

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

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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