NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 25 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JUANA HERNANDEZ TOLENTINO, No. 10-70949
Petitioner, Agency No. A096-338-669
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.
Juana Hernandez Tolentino, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s order denying her motion to reopen removal proceedings
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 de novo questions of law and for abuse of discretion the denial
of a motion to reopen, Ghahremani v. Gonzales, 498 F.3d 993, 997-99 (9th Cir.
2007), and we deny the petition for review.
The agency did not abuse its discretion in denying Tolentino’s motion to
reopen because she filed her motion more than three years after the final removal
order, see 8 C.F.R. § 1003.23(b)(1), and Tolentino did not establish that she acted
with the due diligence required for equitable tolling, see Iturribarria v. INS, 321
F.3d 889, 897 (9th Cir. 2003) (stating that equitable tolling is available where
“petitioner is prevented from filing because of deception, fraud, or error, as long as
the petitioner acts with due diligence”).
In light of our disposition, we do not reach Tolentino’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 10-70949