FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAUL CASTILLO VAZQUEZ, No. 09-70731
Petitioner, Agency No. A075-250-239
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, O’SCANNLAIN, and BYBEE, Circuit Judges.
Saul Castillo Vazquez, 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 did not abuse its discretion in denying Castillo Vazquez’s motion
to reopen because he filed the motion nearly one year after the BIA’s September
10, 2004, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and
Castillo Vazquez failed to establish grounds for equitable tolling, see Iturribarria,
321 F.3d at 897 (equitable tolling available “when a petitioner is prevented from
filing because of deception, fraud, or error, as long as the petitioner acts with due
diligence”).
PETITION FOR REVIEW DENIED.
2 09-70731