Ana Alvarado v. Eric Holder, Jr. , 523 F. App'x 458 ( 2013 )

FILED
NOT FOR PUBLICATION JUN 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANA ESTELA ALVARADO, No. 12-70767
Petitioner, Agency No. A075-663-084
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Ana Estela Alvarado, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, 678 (9th Cir. 2011). We
deny the petition for review.
The BIA did not abuse its discretion in denying Alvarado’s motion to reopen
as untimely where the motion was filed more than seven years after her removal
order became final, see 8 C.F.R. § 1003.2(c)(2), and Alvarado failed to establish
the due diligence required for equitable tolling of the filing deadline, see Avagyan,
646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from
filing because of deception, fraud or error, and exercised due diligence in
discovering such circumstances).
In light of our disposition, we do not reach Alvarado’s remaining contention
regarding compliance with the requirements of Matter of Lozada, 19 I. & N. Dec.
637 (BIA 1988).
PETITION FOR REVIEW DENIED.
2 12-70767