Cuevas-Aguilar
Cuevas-Aguilar v. Holder
Lead Opinion
MEMORANDUM **
Imelda Cuevas-Aguilar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider *225 based on ineffective assistance of counsel, which it construed as a motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Lara-Torres v. Ashcroft, 388 F.3d 968 , 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), we deny the petition for review.
The BIA did not abuse its discretion in denying Cuevas-Aguilar’s motion because the motion was filed almost three years after the BIA’s order dismissing the underlying appeal, see 8 C.F.R. § 1003.2 (c)(2), and Cuevas-Aguilar failed to establish that she acted with the due diligence required for equitable tolling, see Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir.2007).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.