Edgar Lara-Garcia v. Eric Holder, Jr.

MEMORANDUM

Edgar Samuel Lara-Garcia, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion the BIA’s denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011) (citation omitted), we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Lara-Garcia’s motion to reopen as untimely because the motion was filed approximately 13 years after issuance of the final administrative order, see 8 C.F.R. §§ 1003.2 (c)(2), 1241.31, and Lara-Garcia failed to demonstrate the due diligence necessary to warrant equitable tolling of the filing deadline, where his motion did not state when he had definitively learned of the alleged ineffective assistance of his former attorney, see Avagyan, 646 F.3d at 679 (measuring the end of the tolling period from “when petitioner definitively learns of the harm resulting from counsel’s deficiency”).

We lack jurisdiction to review Lara-Garcia’s due process challenge to the BIA’s decision to…