Singh

MEMORANDUM **

Petitioner Tarlok Singh seeks review of the Board of Immigration Appeals’ (BIA) denial of his untimely and number-barred motion to reopen deportation proceedings. To the extent we have jurisdiction, it arises under 8 U.S.C. § 1252 and The REAL ID Act, Pub.L. No. 109-13, 119 Stat. 231, Div. B, § 106(d) (May 11, 2005).

We lack jurisdiction to review Singh’s claim that the BIA should have exercised its sua sponte authority to hear his number-barred motion to reopen. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002).

Singh also claims that the time and number limits on motions to reopen should be equitably tolled because of his former counsel’s ineffective assistance. Specifically, his former counsel did not discuss In re Velarde-Pacheco, 23 I. & N. Dec. 253 (2002), in his first motion to reopen.

When a time limit is equitably tolled, an event “simply stops the clock until the occurrence of a later event that permits the statute to resume running.” Socop-Gonzalez v. INS, 272 F.3d 1176, 1195 (9th Cir.2001) (en banc). Velarde-Pacheco was decided after Singh’s ninety days expired. Therefore, the time limit cannot be tolled because there was no vital information to…