Sonia Montiel v. Eric Holder, Jr.

MEMORANDUM

Sonia Elizabeth Montiel, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Montiel’s motion to reopen as untimely because the motion was filed more than ten years after the final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and Montiel did not establish grounds for equitable tolling where she failed to comply with the procedural requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), see Singh v. Holder, 658 F.3d 879, 884 (9th Cir.2011).

In light of our disposition, we do not reach Montiel’s remaining contentions.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.