Andres Pulido-Pulido v. Eric Holder, Jr.

MEMORANDUM

Andres Pulido-Pulido, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion by denying as untimely Pulido-Pulido’s motion to reopen based on his claim of ineffective assistance of counsel. Pulido-Pulido filed the motion more than 21 years after his deportation order became administratively final. See 8 U.S.C. § 1229a(e)(7)(C)(i); 8 C.F.R. § 1003.23 (b)(1). Pulido-Pulido also did not establish that his motion qualified for equitable tolling of the filing deadline, where his former attorney’s representation during his 2007-2008 removal proceedings did not prevent him from timely filing his motion to reopen his separate 1989 deportation proceedings in which he appeared pro se. See Avagyan, 646 F.3d at 679 (“[A] petitioner is entitled to equitable…