FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAUL TORRES GARCIA, No. 09-70601
Petitioner, Agency No. A095-293-175
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Raul Torres Garcia, a native and citizen of Mexico, 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 review for abuse of discretion the denial of a motion to reopen,
*
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).
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for
review.
The BIA acted within its discretion in denying as untimely Torres Garcia’s
motion to reopen where Torres Garcia filed the motion almost two years after the
BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and failed to establish
that he acted with the due diligence required to warrant equitable tolling of the
filing deadline, see Iturribarria, 321 F.3d at 897.
PETITION FOR REVIEW DENIED.
2 09-70601