From Casetext: Smarter Legal Research

Lata v. Holder

United States Court of Appeals, Ninth Circuit
Dec 30, 2009
360 F. App'x 931 (9th Cir. 2009)

Opinion

No. 06-70784.

Submitted December 15, 2009.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed December 30, 2009.

Tsz-Hai Huang Fax, Rai Associates, PC, San Francisco, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Justin M. Dempsey, Esq., DOJ — U.S. Department of Justice Counterterrorism Section/NSD, Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A042-687-739.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Shrun Lata, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen alleging 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 and de novo claims of due process violations. Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007). We deny the petition for review.

The BIA acted within its discretion in denying Lata's motion to reopen as untimely because it was filed more than two years after the BIA's prior order, see 8 C.F.R. § 1003.2(c)(2), and Lata failed to demonstrate changed circumstances arising in Fiji, see 8 C.F.R. § 1003.2(c)(3)(ii), or establish grounds for equitable tolling, see Iturribarria v. INS, 321 F.3d 889, 897 (9th Cir. 2003) (equitable tolling is available "when a petitioner is prevented from filing because of deception, fraud, or error," as long as the petitioner acted with due diligence).

Lata's due process claim is unavailing.

PETITION FOR REVIEW DENIED.


Summaries of

Lata v. Holder

United States Court of Appeals, Ninth Circuit
Dec 30, 2009
360 F. App'x 931 (9th Cir. 2009)
Case details for

Lata v. Holder

Case Details

Full title:Shrun LATA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 30, 2009

Citations

360 F. App'x 931 (9th Cir. 2009)