Jose Jimenez-Chirinos v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION DEC 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ALFREDO JIMENEZ-CHIRINOS, No. 11-72872
Petitioner, Agency No. A038-281-469
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jose Alfredo Jimenez-Chirinos, a native and citizen of Honduras, petitions
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 jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of 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 Jimenez-Chirinos’ motion to
reopen as untimely where he filed the motion eleven years after his 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 11-72872