Centeno

MEMORANDUM **

Maria Lidia Centeno, née Garcia Tomas, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings due to ineffective assistance by prior counsel. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005), we deny in part, and dismiss in part, the petition for review.

The BIA did not abuse its discretion in finding that the motion to reopen was not timely filed, or in rejecting petitioner’s request for equitable tolling of the filing deadline. Petitioner failed to establish that she acted with the requisite diligence after she retained her current attorney on May 1, 2004 and before she filed the motion to reopen on September 17, 2004. See Iturribarria v. INS, 321 F.3d 889, 897-98 (9th Cir.2003).

However, documents in the record indicate that petitioner retained current counsel on May 1, 2004, and that research about the prior attorney was conducted on June 14, 2003. More than 90 days elapsed before current counsel attempted to file the motion to reopen (August 12, 2004)…