Jian Wang v. Eric Holder, Jr.

Jian Fang Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review.

The agency did not abuse its discretion by denying Wang’s third motion to reopen as untimely and number-barred because the motion was filed almost thirteen years after the final order, and Wang admitted he had notice of the hearing. See 8 C.F.R. § 1003.23 (b)(4)(iii)(A); Singh-Bhathal v. INS, 170 F.3d 943 , 946 (9th Cir.1999) (alien who receives notice of hearing has 180 days from date of in absentia deportation order to file a motion to reopen).

The BIA also did not abuse its discretion in determining that Wang failed to demonstrate due diligence as required for equitable tolling of the filing deadline based on ineffective assistance of counsel. See Avagyan v. Holder, 646 F.3d 672, 679-80 (9th Cir.2011). We reject Wang’s contention that he was denied the right to a hearing. See Lata v.…