FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AIDEE LETICIA LOSOYA GARCIA, No. 07-74811
Petitioner, Agency No. A096-061-235
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Aidee Leticia Losoya Garcia, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen based on ineffective assistance of counsel. We have jurisdiction under 8
*
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).
SS/Research
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen.
Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir. 2003). We deny the petition
for review.
The BIA did not abuse its discretion in denying Losoya Garcia’s motion to
reopen as untimely because it was filed ninety-one days after the BIA’s final order
of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed
within ninety days of final order of removal), and Losoya Garcia did not show she
was entitled to equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for
filing a 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”).
PETITION FOR REVIEW DENIED.
SS/Research 2 07-74811