Islas-Luna

MEMORANDUM **

Zeferino Islas-Luna (“Islas”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal following denial of his motion to re-open deportation proceedings. We have jurisdiction, 8 *142 U.S.C. § 1105a(a)(2), 1 review for abuse of discretion, Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996), and deny the petition. Because the parties are familiar with the facts, we only discuss those relevant to our analysis.

Islas’s motion was untimely filed. Islas argues that ineffective assistance of counsel equitably tolls the 90 day time period prescribed by 8 C.F.R. § 3.2 (c)(2). Depending upon the circumstances, ineffective assistance of counsel may supply grounds for equitable tolling. See Castillo-Perez v. INS, 212 F.3d 518, 525-26 (9th Cir.2000). However, Islas’s ineffective assistance of counsel claim fails because he did not establish prejudice, a necessary element. See Deminger v. Reno, 232 F.3d 1042 , 1045 (9th Cir.2000). Islas was properly placed into exclusion proceedings because an alien without a valid visa, passport, or other valid document authorizing entry at the time when application for admission to…