Ramos-Madrid v. Holder ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JESUS ENRIQUE RAMOS-MADRID; No. 08-70368
MARIA CONCEPCION CHAVEZ-
RODRIGUEZ, Agency Nos. A075-750-001
A075-750-002
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Jesus Enrique Ramos-Madrid and Maria Concepcion Chavez-Rodriguez,
natives and citizens of Mexico, petition for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen based on ineffective
*
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).
assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321
F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for
review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen because the motion was filed more than 11 months after the BIA’s July 25,
2006, orders dismissing the underlying appeals, see 8 C.F.R. § 1003.2(c)(2), and
petitioners failed to demonstrate grounds for equitable tolling, see Iturribarria, 321
F.3d at 897 (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”).
We lack jurisdiction to review the BIA’s July 25, 2006, orders dismissing
petitioners’ underlying appeals because this petition for review is not timely as to
those orders. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th
Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-70368