Rocio Enriquez v. Eric H. Holder Jr.

MEMORANDUM

Rocio Enriquez, a native and citizen of Mexico, petitions pro se for review of an order by the Board of Immigration Appeals denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petitions for review.

Reviewing for abuse of discretion, see Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), we conclude the Board did not abuse its discretion in denying Enriquez’s motion to reopen as untimely. See 8 C.F.R § 1003.2(c)(2) (setting forth 90-day period for filing motion to reopen). The Board did not abuse its discretion in concluding that any ineffective assistance of counsel that occurred over 10 years ago did not prevent Enriquez from filing a timely motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003) (allowing for the possibility of tolling only if petitioner can establish she acted with due diligence in discovering deception, fraud or error that prevented her from timely filing motion to reopen).

The Board did not abuse its discretion denying Enriquez’s motion to reissue its April 6, 2007, order affirming the immigration judge’s denial of cancellation of…