Juan Hernandez-Ortiz v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN HERNANDEZ-ORTIZ, No. 16-72752 Petitioner, Agency No. v. A076-272-560

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 16, 2022 * Pasadena, California

Filed April 26, 2022

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Sharon L. Gleason, ** District Judge.

Opinion by Judge Bress

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Sharon L. Gleason, Chief United States District Judge for the District of Alaska, sitting by designation. HERNANDEZ-ORTIZ V. GARLAND

SUMMARY ***

Immigration

Denying a petition for review of the Board of Immigration Appeals’ denial of an untimely motion to reopen, the panel held that the Board did not abuse its discretion in concluding that petitioner did not warrant equitable tolling of the time limitation on his motion based on alleged ineffective…