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

Karine Melkonyan v. Eric H. Holder Jr.

Karine Melkonyan 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 215

Karine Melkonyan v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Eugenio Everado Camacho-Contreras, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, 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 Camacho-Contreras’ motion to reopen because it was filed more than six years after the BIA’s March 25, 2002, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and Camacho-Contreras failed to demonstrate that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence”); see *216 also Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir. 2007).

Camacho-Contreras’ remaining contention is unavailing.

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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