Alejandro Montes Montes; v. ERIC H. HOLDER Jr., Attorney General

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).
TL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEJANDRO MONTES MONTES; et al.,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71690
Agency Nos. A075-706-457
A075-706-458
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Alejandro Montes Montes and Jenny Segura Adame, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen based on ineffective assistance of counsel. We
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion
the BIA’s denial of a motion to reopen. Singh v. Gonzales, 491 F.3d 1090, 1095
(9th Cir. 2007). We deny the petition for review.
Petitioners filed their sixth motion to reopen untimely, 8 C.F.R.
§ 1003.23(b)(4)(ii), and failed to establish that they exercised due diligence so as to
warrant equitably tolling the statutory filing deadline and numerical bar, see Singh,
491 F.3d at 1096-97.
PETITION FOR REVIEW DENIED.

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