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Barcenas-Carranza v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
485 F. App'x 254 (9th Cir. 2012)

Opinion

No. 10-72107 Agency No. A096-047-956 Agency No. A096-047-957

10-12-2012

FERNANDO BARCENAS-CARRANZA; MARIA DEL ROSARIO FLORES-ABARCA, Petitioners, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Fernando Barcenas-Carranza and Maria Del Rosario Flores-Abarca, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' ("BIA") order denying their motion to reopen based on 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners' motion to reopen as untimely where petitioners failed to establish that they filed the motion within 90 days of meeting with present counsel and learning of the harm resulting from the alleged actions of their former representative. See id. at 679 (equitable tolling period ends, and 90-day filing period begins, "when petitioner definitively learns of the harm resulting from counsel's deficiency"). No ineffective assistance claim has been raised against present counsel.

This disposition in no way precludes petitioners from filing a subsequent motion to reopen with the BIA if circumstances exist that would support further examination of their case.

The Clerk is instructed to serve this disposition not only on petitioners' counsel, but also on petitioners at 542 East Phillips Street, Ontario, California, 91761-0000.

PETITION FOR REVIEW DENIED.


Summaries of

Barcenas-Carranza v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
485 F. App'x 254 (9th Cir. 2012)
Case details for

Barcenas-Carranza v. Holder

Case Details

Full title:FERNANDO BARCENAS-CARRANZA; MARIA DEL ROSARIO FLORES-ABARCA, Petitioners…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 12, 2012

Citations

485 F. App'x 254 (9th Cir. 2012)