Funes-Corpeno

MEMORANDUM ***

Blanca Funes-Corpeno, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the denial of her motion to reopen to apply for relief under the Nicaraguan Adjustment and Central American Relief Act (“NA-CARA”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and review for abuse of discretion the denial of a motion to reconsider. See Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny the petition for review.

The deadline to file an application for Special Rule Cancellation under NACARA was November 18, 1999. 8 C.F.R. § 1003.43 (e)(2) (2005). Funes-Corpeno did not attempt to file an application until 2005. She contended on appeal that she was entitled to equitable tolling of the filing deadline on account of ineffective assistance of counsel. See Albillo-DeLeon v. Gonzales, 410 F.3d 1090, 1098 (9th Cir.2005) (NACARA § 203(c) deadline is subject to equitable tolling). The BIA properly determined that Funes-Corpeno was not entitled to equitable tolling because she did not show due diligence. See…