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NOT FOR PUBLICATION JUL 30 2010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