Rudy Garcia Pinto v. Eric Holder, Jr.

MEMORANDUM

Rudy A. Garcia Pinto, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional claims. Mohammed v. Gon zales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

In his opening brief, Garcia Pinto fails to raise, and therefore has waived, any challenge to the BIA’s dispositive determination that he failed to demonstrate the due diligence required for equitable tolling of the filing deadline for his untimely motion to reopen. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011) (issues not raised in a petitioner’s opening brief are deemed waived).

Garcia Pinto’s contention that the BIA issued a streamlined decision in violation of due process is belied by the record.

We lack jurisdiction to consider Garcia Pinto’s contention that he received ineffee-five assistance of counsel from the attorney who prepared his motion to reopen because Garcia Pinto failed to raise…