Garcia-Castillo
Garcia-Castillo v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Eugenio Garcia-Castillo and Sara Bor-jas, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider the BIA’s prior order denying their motion to reopen removal proceedings based on a claim of ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reconsider and review for substantial evidence factual findings underlying the denial of a claim of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to reconsider because they failed to identify any error of fact or law in the BIA’s prior order denying their motion to reopen as untimely and as not warranting equitable tolling of the filing deadline. See Yeghiazaryan v. Gonzales, 439 F.3d 994, 998 (9th Cir.2006) (“In filing a motion to reconsider, the petitioner must ‘speeify[ ] the errors of fact or law in the prior B[IA] decision ....’” (citation omitted)); see also Valeriano…