Bahadar Lakha v. Eric Holder, Jr. ( 2014 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
BAHADAR RAM LAKHA, No. 13-70009
Petitioner, Agency No. A029-904-467
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Bahadar Ram Lakha, a native and citizen of India, petitions for review of an
order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen
removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder,
*
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).
646 F.3d 672, 674 (9th Cir. 2011). We deny in part and dismiss in part the petition
for review.
The BIA did not abuse its discretion by denying as untimely Lakha’s motion
to reopen based on ineffective assistance of counsel by his first former attorney
because he filed the motion nearly three years after issuance of his final order of
removal, see 8 C.F.R. § 1003.2(c)(2), and failed to demonstrate the due diligence
necessary to warrant equitable tolling of the filing deadline, see Avagyan, 646 F.3d
at 680 (holding that the tolling period ends “when the alien obtains a complete
record of his immigration proceedings and is able to review that information with
competent counsel”).
We lack jurisdiction to consider Lakha’s unexhausted claims of ineffective
assistance of counsel by his second and third former attorneys and contentions
regarding his lack of motive to delay filing his motion to reopen at an earlier time.
See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 13-70009