Victor Guardado-Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Victor Manuel Guardado-Rodríguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on ineffective assistance of counsel and changed circumstances in Mexico. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Guardado-Rodriguez’s motion to reopen as untimely where the motion was filed five months after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen must be filed within 90 days of final order), and Guardado-Rodríguez failed to show the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 680-81 (petitioner “[a]p-parently ... took no affirmative steps to investigate” whether prior counsel adequately prepared claim); Singh v. Gonzales, 491 F.3d 1090, 1096 (9th Cir.2007) (no evidence in record of any actions taken, after becoming suspicious of the fraud, until meeting with present counsel). Nor did the…