Musa Sule v. Loretta E. Lynch

MEMORANDUM

Musa Sule and Meriamu Oseni petition for review of the Board of Immigration Appeals’ (“BIA”) March 30, 2010 denial of their joint motion to reopen proceedings to seek adjustment of status, alleging that due process violations occurred and that equitable tolling applies, based on denial of the right to counsel and ineffective assistance of counsel. Oseni separately petitions for review of the BIA’s December 21, 2010 denial of her motion for reconsideration of the March 30, 2010 order. We deny both petitions for review.

We review the BIA’s ruling on a motion to reopen for abuse of discretion, while questions of law such as due process violations are reviewed de novo. Hernandez v. Mukasey, 524 F.3d 1014, 1017 (9th Cir. 2008). A motion to reopen BIA proceedings “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened,” 8 C.F.R. § 1003.2 (e)(2), unless equitable tolling applies. Socop-Gonzalez v. INS, 272 F.3d 1176, 1190 (9th Cir.2001). The BIA issued its final administrative .decision on May 19, 2004, and thus Sule and Oseni’s September 14, 2009, motion to reopen was untimely by…