Al Qasem Asaad v. Loretta E. Lynch

MEMORANDUM

Ali Qasem Saleh Asaad, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo .questions of law. Mohammed v.Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Asaad’s second motion to reopen as time- and number-barred, where Asaad filed the motion more than five years after the 'BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and did not establish the due diligence required for equitable tolling of the filing deadline, see Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir.2011) (equitable tolling is available to an alien who is prevented from timely filing motion to reopen due to deception, fraud or error, as long as petitioner exercises due diligence in discovering such circumstances).

Asaad’s contentions that the BIA failed to consider all relevant evidence or to provide sufficient reasoning for its conclusions are…