Singh v. Holder

FILED NOT FOR PUBLICATION JUL 30 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT PALA SINGH, No. 07-73693 Petitioner, Agency No. A076-458-651 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2010 ** Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. Pala Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We * 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). review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely where the motion was filed more than 90 days after the issuance of the BIA’s April 25, 2006, order, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish the grounds for equitable tolling, see Iturribarria, 321 F.3d at 897. PETITION FOR REVIEW DENIED. 2 07-73693