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390 F. App'x 668

Singh v. Holder

U.S. Courts of Appeals

Decided July 30, 2010

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U.S. Courts of Appeals · decided 2010-07-30

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Iturribarria v. Immigration & Naturalization Service

Decided 2010-07-30

¶1 MEMORANDUM

¶2 Pala Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

¶3 The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely where the motion was filed more than 90 days after the issuance of the BIA’s April 25, 2006, order, see 8 C.F.R. § 1003.2(c)(2), and Singh failed to establish the grounds for equitable tolling, see Iturribarria, 321 F.3d at 897.

¶4 PETITION FOR REVIEW DENIED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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