Tanwar

Tanwar v. Gonzales

Good Law
242 F. App'x 391
United States Court of Appeals for the Ninth CircuitMarch 1, 2007No. 05-71242California307 words

Opinion

Lead Opinion

*392 MEMORANDUM **

Arwindar Tanwar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) order denying his second motion to reopen and rescind his in absentia removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny the petition for review.

The IJ did not abuse her discretion in denying Tanwar’s second motion to reopen, filed more than 180 days after the final order of removal. See 8 C.F.R. § 1003.23 (b)(4)(ii); Lo v. Ashcroft, 341 F.3d 934, 936 (9th Cir.2003) (noting that an in absentia order of removal may be rescinded if an alien, within 180 days, files a motion that demonstrates that his or her failure to appear was due to exceptional circumstances); 8 C.F.R. § 1003.2 (c)Denied(2).

The IJ acted within her discretion in refusing to toll these limitations where Tanwar’s attorney received notice that the first motion to reopen was denied and Tanwar has not alleged ineffective assistance of counsel. See Iturribarria v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.