Al Qasem Asaad v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION SEP 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALI QASEM SALEH ASAAD, No. 08-71946
Petitioner, Agency No. A096-169-887
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ali Qasem Saleh Asaad, a native and citizen of Yemen, petitions for review
of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to
reopen removal proceedings. 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,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
321 F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition
for review.
The BIA did not abuse its discretion in denying Asaad’s motion to reopen as
untimely because he filed the motion more than two years after the BIA’s March
25, 2005, order, see 8 C.F.R. § 1003.2(c)(2), and Asaad failed to establish that he
acted with the due diligence required for equitable tolling, see Iturribarria, 321
F.3d at 897; see also Singh v. Ashcroft, 367 F.3d 1182, 1184 (9th Cir. 2004).
To the extent Asaad alleges current counsel may have rendered ineffective
assistance of counsel that caused Asaad’s lack of diligence, we lack jurisdiction to
review that contention. See Puga v. Chertoff, 488 F.3d 812, 815 (9th Cir. 2007).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-71946