FILED
NOT FOR PUBLICATION APR 12 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KEITI SALIM KAYYAL; OUSAMEH No. 08-75068
SALIM KAYYAL,
Agency Nos. A070-546-366
Petitioners, A070-546-367
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Keiti Salim Kayyal and Ousameh Salim Kayyal, citizens of Jordan, petition
for review of the Board of Immigration Appeals’ (“BIA”) order denying their
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
*
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).
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 the Kayyals’ motion to
reopen as untimely because it was filed more than eight years after the BIA’s final
order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and the Kayyals did not
establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d
at 897 (deadline for filing motion to reopen can be equitably tolled “when a
petitioner is prevented from filing because of deception, fraud, or error, as long as
the petitioner acts with due diligence in discovering the deception, fraud, or
error”).
PETITION FOR REVIEW DENIED.
2 08-75068