Arturo Carrillo Rodriguez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTURO CARRILLO RODRIGUEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-74127
Agency No. A076-365-221
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Arturo Carrillo Rodriguez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order affirming an
immigration judge’s denial of his motion to reopen alleging ineffective assistance
FILED
JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
12-74127

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of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674
(9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying Carrillo Rodriguez’s motion
to reopen as untimely where it was filed thirteen years after his final order of
removal, see 8 C.F.R. § 1003.23(b)(4)(ii), and he failed to demonstrate the due
diligence necessary to warrant equitable tolling of the filing deadline, see Avagyan,
646 F.3d at 679 (equitable tolling is available to a petitioner who establishes that
he suffered from deception, fraud or error, and exercised due diligence in
discovering such circumstances).
PETITION FOR REVIEW DENIED.
12-74127 2

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