Jorge Chamu Antunez v. Eric Holder, Jr.

MEMORANDUM

Petitioner Jorge Alberto Chamu Antunez (“Chamu”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition. Because the parties are familiar with the history of the case, we need not recount it here.

We review the agency’s denial of a motion to reopen for an abuse of discretion. Lin v. Holder, 588 F.3d 981, 984 (9th Cir.2009).

The BIA did not abuse its discretion in concluding that Chamu’s motion to reopen was untimely and not subject to either a timeliness exception or equitable tolling. A motion to reopen must be filed within 90 days of the decision the alien seeks to reopen. 8 U.S.C. § 1229a(c)(7)(C)(i). Chamu’s claim was untimely because it was filed 9 years after his application for cancellation of removal was denied and he was granted voluntary departure. Chamu does not claim any statutory exception to the time limitation. 8 U.S.C. § 1229a(c)(7)(C)(ii)-(iv).

Chamu instead contends that the deadline should be tolled because he suffered ineffective assistance of…