Granados-Martinez

Granados-Martinez v. Holder

Good Law
339 F. App'x 737
United States Court of Appeals for the Ninth CircuitJuly 27, 2009No. 08-71795California252 words

Opinion

Lead Opinion

MEMORANDUM **

Felix Granados-Martinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ or *738 der denying appeal from an immigration judge’s order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The agency acted within its discretion in denying Granados-Martinez’s motion to reopen as untimely because it was filed more than eleven years after he was ordered deported in absentia, see 8 U.S.C. § 1229a(b)(5)(C)(i), and Granados-Martinez failed to establish grounds for equitable tolling, see Itwrribarria, 321 F.3d at 897 (equitable tolling is available “when a petitioner is prevented from filing because of deception, fraud, or error,” as long as the petitioner acted with due diligence); see also Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir.2007) (no due diligence where petitioner waited six months after he became suspicious of counsel’s fraud to consult with new counsel).

Contrary to Granados-Martinez’s…

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