Haiqing Zhu v. Loretta E. Lynch

MEMORANDUM

Haiqing Zhu, native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in ab-sentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785 , 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying as untimely Zhu’s motion to reopen, where it was filed approximately ten months after issuance of his order of removal in absentia, and Zhu failed to establish any statutory or regulatory basis to excuse the untimeliness of his motion. See 8 C.F.R. § 1003.23 (b)(4)(ii); 8 U.S.C. § 1229a(b)(5)(C). Nor did the agency abuse its discretion by declining to equitably toll the 180-day filing deadline. Itur-ribarria v. INS, 321 F.3d 889, 898 (9th Cir.2003) (equitable tolling may be warranted when ineffective assistance of counsel causes late filing of a motion to reopen).

To the extent Zhu seeks to raise additional grounds for establishing…