Sharma

MEMORANDUM

Petitioner seeks review of a final order of the Board of Immigration Appeals (“BIA”) denying her untimely motion to reopen exclusion proceedings. But the BIA’s refusal to equitably toll the filing deadline because of petitioner’s former at torney’s alleged ineffective assistance was not “arbitrary, irrational, or contrary to law.” Caruncho v. INS, 68 F.3d 356, 360 (9th Cir.1995) (quoting Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th Cir.1994)). Petitioner would be entitled to equitable tolling only if, “despite all due diligence, [she was] unable to obtain vital information bearing on the existence of the claim.” Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (citations and internal quotation marks omitted). Petitioner failed to demonstrate, however, that she exercised due diligence during the nearly eleven years that elapsed between the date the BIA entered its final order of removal and the date she filed her motion to reopen. See id.

The BIA was well within its discretion in finding that petitioner had not complied with Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Petitioner’s motion to reopen established neither that she gave her former lawyer…