Sapida

Sapida v. Gonzales

Good Law
201 F. App'x 406
United States Court of Appeals for the Ninth CircuitSeptember 7, 2006Nos. 04-74540, 04-76269California473 words

Opinion

Lead Opinion

*408 MEMORANDUM **

Generoso Amimrog Sapida petitions for review of the BIA’s denial of his motion to reopen removal proceedings based on ineffective assistance of counsel. He also petitions for review of the BIA’s denial of his motion to reconsider that denial. We have jurisdiction pursuant to 8 U.S.G. § 1252 and deny both petitions.

We review the BIA’s rulings on motions to reopen and reconsider for an abuse of discretion. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005).

In his motion to reopen, Sapida first alleges that the Kaufman law firm provided ineffective assistance of counsel by not filing a timely brief in Sapida’s initial appeal to the BIA. However, Sapida filed this motion to reopen well after the ninety-day statute of limitations period for such motions expired. See 8 C.F.R. § 1003.2 (c)(2). The record is clear that Sapida knew of the problems with the late-filed brief even before the BIA rendered its decision. Therefore, Sapida is not eligible for any equitable tolling based on the late awareness of attorney misconduct. See Lopez v. INS, 184 F.3d 1097, 1100 (9th Cir.1999).

In his motion to reopen, Sapida also alleges that attorney Richard Jeung provided…

Concurring Opinion

Rawlinson, J.

concurring.

I concur in the result.

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