Esquivel
Esquivel v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Javier Blancas Esquivel (Blancas Es-quivel), a native and citizen of Mexico, petitions for review of the decision by the Board of Immigration Appeals (BIA), following remand by this court. See Esquiv-el v. Gonzales, 130 Fed.Appx. 928 (9th Cir.2005). The BIA rejected Blancas Es-quivel’s claim for equitable tolling of the ninety-day limitations period for filing his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.
The BIA did not act without authority, or ultra vires, in reaching all the issues related to Blancas Esquivel’s claim that the limitations period should be equitably tolled because his three former attorneys had provided ineffective assistance. See Yakama Indian Nation v. State of Wash. Dept. of Revenue, 176 F.3d 1241, 1246 (9th Cir.1999) (“A state officer acts ultra vires only when he acts without any authority whatever.”) (quotations omitted).
We review the denial of Blancas Esquiv-el’s motion to reopen for an abuse of discretion, and review de novo the claim of ineffective assistance of counsel. See Gri-goryan v. Mukasey, 515 F.3d 999, 1001 (9th Cir.2008) (per curiam). Blancas Es-quivel has not shown…