Davinder Kaur v. Loretta E. Lynch

MEMORANDUM

Davinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen based on ineffective assistance of counsel and changed circumstances. We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D). 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 the petition for review.

The BIA did not abuse its discretion in denying Kaur’s motion to reopen where she filed the motion more than six years after her removal order became final, see 8 C.F.R. § 1003.2 (c)(2), and she failed to establish the due diligence required to warrant equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud, or error; and who exercised due diligence in discovering such circumstances). A reasonable person in Kaur’s position would have become suspicious of her attorney’s behavior well before six years had expired, yet Kaur offers no evidence that she took any action to investigate her attorney’s conduct or the status of her case. See…