Maryia Gapanovitch v. Loretta E. Lynch

MEMORANDUM

Maryia Gapanovitch, a native of the former Soviet Union and citizen of Belarus, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 by denying as untimely Gapanovitch’s motion to reopen based on the alleged ineffective assistance of her prior counsel, where she filed the motion approximately four years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and Tailed to demonstrate the due diligence required for equitable tolling of the filing deadline, see Avagyan v. Holder, 646 F.3d 672, 678-80 (9th Cir.2011) (equitable tolling is available to a petitioner who establishes that she suffered from deception, fraud, or error and exercised due.diligence in discovering such circumstances).

Gapanovitch’s contentions that the BIA ignored evidence, failed to provide a…