Opinion
No. 08-74319 Agency No. A095-233-602
2013-10-01
ANA ROSA VILLALVAZO, Petitioner, 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NOT FOR PUBLICATION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, N.R. SMITH, and CHRISTEN, Circuit Judges.
Ana Rosa Villalvazo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen removal proceedings based on the 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 Villalvazo's motion to reopen as untimely and number-barred where the successive motion was filed more than three years after her removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Villalvazo failed to show 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).
Because the timeliness issue is dispositive, we need not reach Villalvazo's remaining contentions.
PETITION FOR REVIEW DENIED.