DocketNumber: 10-72547
Citation Numbers: 473 F. App'x 681
Judges: Canby, Graber, Smith
Filed Date: 5/23/2012
Status: Non-Precedential
Modified Date: 8/5/2023
FILED NOT FOR PUBLICATION MAY 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SONIA ELIZABETH MONTIEL, No. 10-72547 Petitioner, Agency No. A070-647-103 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Sonia Elizabeth Montiel, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to * 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). reopen. Mohammed v. Gonzales,400 F.3d 785
, 791-92 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Montiel’s motion to reopen as untimely because the motion was filed more than ten years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Montiel did not establish grounds for equitable tolling where she failed to comply with the procedural requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), see Singh v. Holder,658 F.3d 879
, 884 (9th Cir. 2011). In light of our disposition, we do not reach Montiel’s remaining contentions. PETITION FOR REVIEW DENIED. 2 10-72547