Norberto Colon-Lorenzo v. Loretta E. Lynch

MEMORANDUM

1, Colon-Lorenzo contends that the BIA erred in denying as untimely his motion to reconsider its 1993 dismissal and to reopen proceedings. But the BIA did not err. Citing Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011), the BIA correctly found that Colon-Lorenzo’s assertions were insufficient to establish due diligence.

Colon-Lorenzo was ordered deported on February 18, 1993. After his attorney failed to timely appeal, Colon-Lorenzo filed an untimely pro se notice of appeal, which was dismissed on November 18, 1993. The BIA’s dismissal was sent directly to Colon-Lorenzo. From then until 2013, despite having all pertinent information at his disposal, he made no reasonable efforts to pursue relief. See Avagyan, 646 F.3d at 680 (stating that petitioner first had reason to suspect counsels’ deficient performance when the BIA denied her appeal). Nearly two decades later, on February 8, 2013,. Colon-Lorenzo requested that the BIA reconsider its dismissal and reopen the proceedings.

The motion was clearly untimely, unless subject to equitable tolling. “[A] petitioner is entitled to equitable tolling of the deadline ‘during periods when a petitioner is prevented from…