Bhinder Singh v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BHINDER JIT SINGH, No. 19-70543
Petitioner, Agency No. A096-161-410
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 5, 2020**
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
Bhinder Jit Singh, a native and citizen of India, 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 denial of
a motion to reopen. Martinez-Hernandez v. Holder, 778 F.3d 1086, 1088 (9th Cir.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2015). We deny the petition for review.
The BIA did not abuse its discretion in denying Singh’s untimely motion to
reopen for failure to demonstrate he acted with the due diligence required for
equitable tolling. See 8 U.S.C. § 1229a(c)(7)(C)(i); Avagyan v. Holder, 646 F.3d
672, 679 (9th Cir. 2011) (due diligence requires that petitioner took reasonable
steps to investigate prior counsel’s suspected error, or, if petitioner was ignorant of
counsel’s shortcomings, made reasonable efforts to pursue relief).
PETITION FOR REVIEW DENIED.
2 19-70543