U.S. Court of Appeals for the Ninth Circuit, 2011

Juan Clavel Osorio v. Eric Holder, Jr.

Juan Clavel Osorio v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 13, 2011 · Fletcher, Clifton, Bea
427 F. App'x 557

Juan Clavel Osorio v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Miguel Bravo-Martinez and Teresa Carrillo-Medina, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing 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 petitioners’ motion to reopen where the motion was filed nearly five years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(e)(2), and petitioners failed to show they acted with the due diligence required to obtain equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897.

In light of our holding, we do not reach petitioners’ contentions concerning the merits of their ineffective assistance of counsel claim.

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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