Eugenio Camacho-Contreras v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Eugenio Camacho-Contreras v. Eric H. Holder Jr., 401 F. App'x 197 (9th Cir. 2010)

Eugenio Camacho-Contreras v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Emilia Lopez, 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 a 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 Lopez’s motion to reopen as untimely because she filed the motion to reopen nearly seven years after the BIA’s March 26, 2002, order, see 8 C.F.R. § 1003.2(c)(2), and Lopez failed to establish that she acted with the due diligence required for equitable tolling, see SocopGonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir. 2001) (en bane) (equitable tolling available where, despite due diligence, petitioner is unable to obtain vital information bearing on the existence of a claim because of circumstances beyond petitioner’s control).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Emilia LOPEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished