Ignatiev

Ignatiev v. Ashcroft

Good Law
107 F. App'x 756
United States Court of Appeals for the Ninth CircuitAugust 12, 2004No. 03-71470California358 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Alexander Ignatiev, a native and citizen of Russia, appeals the Board of Immigration Appeals’ (“BIA”) summary dismissal of his untimely motion to reopen deportation proceedings, which was filed well beyond the 90-day statutory limit. The panel has jurisdiction over the appeal from the final order of the BIA pursuant to 8 U.S.C. § 1252 . We affirm the decision of the BIA, and we deny Ignatiev’s petition for review.

Ignatiev argues that the BIA erred in refusing to equitably toll, due to the ineffectiveness of his counsel, the 90-day statute of limitations for filing a motion to reopen. Even timely motions to reopen are generally “disfavored.” INS v. Doherty, 502 U.S. 314, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). The 90-day limitation *757 period for filing a timely motion to reopen may be tolled “in situations-where, ‘despite all due diligence, [the party invoking equitable tolling] is unable to obtain vital information bearing on the existence of the claim.’ ” Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir.2001) (citations omitted). The denial of a motion to reopen by the BIA is reviewed for abuse of discretion. Itur ribarria v. INS, 321 F.3d…

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