Pedro Lamadrid-Castillo v. Loretta E. Lynch

MEMORANDUM

Pedro Manuel Lamadrid-Castillo, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Lamadrid-Castillo’s motion to reopen as untimely, where he filed the motion more than 11 months after his final order of removal, see 8 C.F.R. § 1003.2 (c)(2) (a motion to reopen must be filed within 90 days of a final order of removal), and failed to establish materially changed country conditions to qualify for the regulatory exception to the filing deadline, see id. § 1003.2(c)(3)(ii), or ineffective assistance of counsel warranting equitable tolling of the .filing deadline, see Avagyan v. Holder, 646 F.3d 672, 679-80 (9th Cir.2011) (equitable tolling is available to an alien who is prevented from timely filing a motion to reopen due to deception, fraud or error, as long as the alien exercises due diligence in…