FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EMILIA LOPEZ, No. 09-72553
Petitioner, Agency No. A076-349-034
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Emilia Lopez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen based
on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review for abuse of discretion a 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 Lopez’s motion to reopen as
untimely because she filed the motion to reopen nearly seven years after the BIA’s
March 26, 2002, order, see 8 C.F.R. § 1003.2(c)(2), and Lopez failed to establish
that she acted with the due diligence required for equitable tolling, see
Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir. 2001) (en banc) (equitable
tolling available where, despite due diligence, petitioner is unable to obtain vital
information bearing on the existence of a claim because of circumstances beyond
petitioner’s control).
PETITION FOR REVIEW DENIED.
2 09-72553