FILED
NOT FOR PUBLICATION JUL 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BHADAR SINGH, No. 10-70995
Petitioner, Agency No. A070-042-249
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Bhadar Singh, a native and citizen of India, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings
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, Singh
*
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).
v. Gonzales, 491 F.3d 1090, 1095 (9th Cir. 2007), and we deny the petition for
review.
The BIA did not abuse its discretion in denying Singh’s motion to reopen
where the motion was filed nearly eleven years after the BIA’s final order of
removal, see 8 C.F.R. § 1003.2(c)(2), and Singh did not establish that he exercised
due diligence during the entirety of this time period, as required to obtain equitable
tolling of the filing deadline, see Singh, 491 F.3d at 1096-97.
PETITION FOR REVIEW DENIED.
2 10-70995