Mingyuan Liu v. Loretta E. Lynch

FILED
NOT FOR PUBLICATION MAR 22 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MINGYUAN LIU, No. 14-70206
Petitioner, Agency No. A087-827-143
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Mingyuan Liu, a native and citizen of China, 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
*
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).
a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011). We
deny the petition for review.
The BIA did not abuse its discretion by denying as untimely Lui’s motion to
reopen based on the alleged ineffective assistance of his former counsel, where he
filed the motion more than a year after his final order of removal, see 8 C.F.R.
§ 1003.23(b), and failed to establish ineffective assistance of counsel to warrant
equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679-80 (equitable
tolling is available to an alien who is prevented from timely filing a motion to
reopen due to deception, fraud or error, as long as petitioner exercises due
diligence in discovering such circumstances).
In light of this disposition, we do not reach Lui’s remaining contentions
concerning prejudice.
Lui’s motion to supplement the record is denied.
PETITION FOR REVIEW DENIED.
2 14-70206