Juan Jasso Ramirez v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN JASSO RAMIREZ, No. 12-71227
Petitioner, Agency No. A089-267-911
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Juan Jasso Ramirez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings and to reinstate his voluntary departure order. 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 as untimely Jasso Ramirez’s
motion to reopen in order to reinstate voluntary departure, where the motion was
filed after his removal order became final, see 8 C.F.R. § 1003.2(c)(2) (motion to
reopen must be filed within 90 days of final order), and Jasso Ramirez failed to
show the due diligence required for equitable tolling of the filing deadline, see
Avagyan, 646 F.3d at 679-80 (no diligence where petitioner “[a]pparently. . .took
no affirmative steps to investigate” whether prior counsel adequately prepared
claim after having reason to suspect deficient performance).
In his opening brief, Jasso Ramirez failed to raise, and therefore waived, any
challenge to the BIA’s denial of his motion to reopen based on ineffective
assistance of counsel with respect to the filing of an untimely petition for review.
See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir. 2011) (a petitioner waives
an issue by failing to raise it in the opening brief).
PETITION FOR REVIEW DENIED.
2 12-71227
3 12-71227