Games-Andino

MEMORANDUM *

Olga Marina Games-Andino (“Petitioner”), a native and citizen of Honduras, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an Immigration Judge’s (“U’s”) order denying her motion to reopen deportation proceedings. The BIA concluded that Petitioner was ineligible for reopening under INA § 242B because she had not demonstrated exceptional circumstances under Shaar v. INS, 141 F.3d 953 (9th Cir.1998), to excuse her failure to depart the United States within the time specified in her voluntary departure order. We have jurisdiction under 8 U.S.C. § 1105a, as amended by IIRIRA § 309(c)(4). See Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We deny the petition.

Petitioner first argues that she was misled by fraudulent immigration counsel when she sought the advice of a non-lawyer who filed an unauthorized asylum application that contained false information about her and her children. She argues that if she “had not been put into proceedings by a fraudulent asylum application filed under false pretenses by a non-lawyer, she would have remained unnoticed and continued to build her equities.” Petitioner did not…