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

Martha Rodriguez Mejia v. Eric H. Holder Jr.

Martha Rodriguez Mejia v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 26, 2010 · O'Scannlain, Tallman, Bea
401 F. App'x 177

Martha Rodriguez Mejia v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Martha Rodriguez Mejia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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). We deny the petition for review.

The BIA did not abuse its discretion in denying Rodriguez Mejia’s motion to reopen as untimely because it was filed nearly two years after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Rodriguez Mejia did not show she was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled “when a petitioner is prevented from filing because of deception, fraud, or error”).

PETITION FOR REVIEW DENIED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.