Gurdeep Singh v. Loretta E. Lynch

MEMORANDUM

We deny Petitioners’ petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen on two grounds:

1. The BIA did not abuse its discretion in concluding that Petitioners failed to present evidence showing that equitable tolling was warranted. Petitioners argue that, because their former counsel failed to submit a brief in support of their appeal to the BIA, they merit equitable tolling. However, Petitioners knew of this failure when the BIA issued its order, because the BIA noted that counsel failed to submit a brief. Further, Petitioners were aware that this failure was ineffective assistance of counsel no later than October 24, 2012, when new counsel filed their notice of appeal to this court.

Although we recognize equitable tolling in cases involving ineffective assistance by an attorney or representative, coupled with fraudulent or erroneous conduct, Petitioners did not present evidence of (a) why they were prevented from timely filing or (b) how they acted with “due diligence in discovering the deception, fraud, or error.” Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003). Petitioners merely argued that they acted with…