FILED
NOT FOR PUBLICATION MAR 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAMUEL WOLDESEMAIT, No. 09-71434
Petitioner, Agency No. A029-234-362
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Samuel Woldesemait, a native and citizen of Ethiopia, 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.
*
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).
§ 1252. We 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 by denying Woldesemait’s motion to
reopen because the motion was filed more than 15 years after the BIA’s February
7, 1994, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and
Woldesemait failed to demonstrate 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 09-71434