Solano
Solano v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Roxana Del Carmen Solano petitions for review of a decision of the Board of Immigration Appeals finding her removable. The Board dismissed her appeal from an Immigration Judge’s order denying her motion to reopen. We have jurisdiction and affirm.
Petitioner is a native and citizen of El Salvador. On March 13, 1996, she was apprehended by the Immigration and Naturalization Service and charged with illegal entry under 8 U.S.C. § 125 (a)(2), a deport-able offense.
Petitioner argues that she is entitled to equitable tolling because of ineffective assistance of counsel. Petitioner argues that a notary named Camacho assured her that he would erase her deportation order. Petitioner has not presented any evidence establishing that Camacho claimed to be an attorney or that she believed him to be an attorney. Nothing in the record establishes that Petitioner was ever deceived as to Camacho’s credentials. Because Camacho never represented that he was an attorney, nor claimed he had any legal credentials of any kind, and because Petitioner did not believe Camacho to be an attorney, neither Varela v. INS, 204 F.3d 1237 (9th Cir.2000) nor Lopez v. INS, 184 F.3d 1097…