Mynor Andrade-Ortega v. Eric H. Holder Jr. ( 2011 )

FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MYNOR GUILLERMO ANDRADE- No. 08-70994
ORTEGA; RONALD MARCELO
ANDRADE-ORTEGA, Agency Nos. A073-396-679
A073-396-680
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Mynor Guillermo Andrade-Ortega and Ronald Marcelo Andrade-Ortega,
natives and citizens of Guatemala, petition for review of the Board of Immigration
Appeals’ order dismissing their appeal from an immigration judge’s decision
*
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).
denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen, Garcia v. INS., 222
F.3d 1208, 1209 (9th Cir. 2000) (per curiam), and we deny the petition for review.
The agency did not abuse its discretion in denying petitioners’ motion to
reopen because their former counsel received proper notice of the deportation
hearing held on January 9, 1997. See 8 C.F.R. § 1003.23(b)(4)(iii)(2), Garcia, 222
F.3d at 1209 (notice to an attorney of record constitutes notice to petitioner). To
the extent petitioners claim exceptional circumstances, petitioners’ motion was
untimely filed, and petitioners did not demonstrate they warranted equitable
tolling. See 8 C.F.R. § 1003.23(b)(4)(iii)(1); Iturribarria v. INS, 321 F.3d 889, 897
(9th Cir. 2003) (equitable tolling available “when a petitioner is prevented from
filing because of deception, fraud, or error, as long as the petitioner acts with due
diligence”).
Petitioners’ remaining contentions are unavailing.
Petitioners’ motion to withdraw as counsel is denied.
PETITION FOR REVIEW DENIED.
2 08-70994