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

Chaube v. Holder

Chaube v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided May 10, 2011 · Rymer, Thomas, Paez
432 F. App'x 693

Chaube v. Holder

Opinion

MEMORANDUM **

Ravindra Prakash Sharma and Ralesh Prakash Chaube, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing *694 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 as untimely because the motion was filed more than 2 years after the BIA’s November 12, 2004, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen generally must be filed within 90 days of the final order), and petitioners failed to establish that they acted with the due diligence required for equitable tolling of that deadline, see Iturribarria, 321 F.3d at 897.

In light of our disposition, we do not address petitioners’ contentions regarding the merits of them 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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