Balkar Singh v. Eric Holder, Jr.

MEMORANDUM

Balkar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen as untimely because the motion was filed more than six years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and Singh failed to establish the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 678-80 (equitable tolling is available to a petitioner who establishes that he suffered from deception, fraud or error, and exercised due diligence in discovering such circumstances).

It follows that Singh’s due process claims fail. See Colmenar, 210 F.3d at 971 (due process violation occurs “if the proceeding was so fundamentally unfair that the alien was…