FILED
NOT FOR PUBLICATION APR 13 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN CLAVEL OSORIO; YENI No. 09-72450
LORENA CLAVEL RODRIGUEZ; JUAN
CLAVEL RODRIGUEZ, Agency Nos. A096-054-860
A096-054-861
Petitioners, A096-054-862
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.
Juan Clavel Osorio, Yeni Lorena Clavel Rodriguez, and Juan Clavel
Rodriguez, natives and citizens of Mexico, petition for review of the Board of
Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings
*
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).
due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
§ 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003), we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen where the motion was filed more than three years after the BIA’s final order
of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to show they were
entitled to equitable tolling, see Iturribarria, 321 F.3d at 897.
In light of our disposition, we do not reach petitioners’ other contentions.
PETITION FOR REVIEW DENIED.
2 09-72450