Maria Elena Leyja-Lopez v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION NOV 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA ELENA LEYJA-LOPEZ, No. 11-72439
Petitioner, Agency No. A076-706-013
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Maria Elena Leyja-Lopez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
a motion 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 Leyja-Lopez’s motion to
reopen as untimely where she filed the motion nine years after her final order of
removal, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen 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 (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).
PETITION FOR REVIEW DENIED.
2 11-72439