Rey Gonzalez-Monge v. Loretta E. Lynch

MEMORANDUM

Rey Gonzalez-Monge, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen based on ineffective assistance of counsel. 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.

Gonzalez-Monge argues that he failed to attend his hearing because he was hospitalized, and then he failed to file a timely motion to reopen because of his attorney’s ineffective assistance of counsel. Assuming that his hospitalization was an exceptional circumstance, he still filed his motion to reopen more than six years after his removal order became final, far outside the 180-day window. See 8 C.F.R. § 1003.23 (b)(4)(ii) (providing that motion to reopen must be filed within 180 days of a removal order entered in absentia if the hearing was missed due to exceptional circumstances). Therefore, Gonzalez-Monge’s motion is untimely, unless subject to equitable tolling. See…