Onofre Catalan v. Eric Holder, Jr. , 516 F. App'x 625 ( 2013 )

FILED
NOT FOR PUBLICATION APR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ONOFRE CATALAN, a.k.a. Jeff Catalan, No. 12-71243
a.k.a. Onofre Catalan-Garcia,
Agency No. A041-985-272
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Onofre Catalan, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
motions to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we
deny the petition for review.
The BIA did not abuse its discretion in denying Catalan’s motion to reopen
as untimely and number-barred where he filed the second motion almost four years
after his final order of removal, see 8 C.F.R. § 1003.2(c)(2) (party may file one
motion to reopen and motion must be filed within 90 days of final order), and
failed to show the due diligence required for equitable tolling of the filing deadline,
see Avagyan, 646 F.3d at 679-80 (equitable tolling is available to a petitioner who
is prevented from filing because of deception, fraud or error, and exercised due
diligence in discovering such circumstances).
In light of our disposition, we need not reach Catalan’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 12-71243