Luna-Caro
Luna-Caro v. Keisler
Opinion
Lead Opinion
MEMORANDUM ***
In these consolidated petitions, David Luna-Caro, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) orders denying his two motions to reopen cancellation of removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petitions for review.
The BIA did not abuse its discretion in denying Luna-Caro’s first motion to reopen based on ineffective assistance of counsel because Luna-Caro did not demonstrate prejudice. Id. at 899-900 .
The BIA did not abuse its discretion in denying Luna-Caro’s second motion to reopen as untimely because it was filed more than two years after the BIA’s final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i) (stating that motion to reopen shall be filed within 90 days of final order of removal). Luna-Caro also presented insufficient evidence that he was continuously present in the United States from April 9, 1989 to November 24, 1990. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850 (9th Cir.2004) (requiring ten years of continuous physical presence to qualify for cancellation of…