Jorge Alberto Gutierrez Colocho 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).
RB/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE ALBERTO GUTIERREZ
COLOCHO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-74781
Agency No. A073-967-978
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.
Jorge Alberto Gutierrez Colocho, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s (“IJ”) decision denying his
FILED
MAR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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RB/Research 06-74781 2
motion to reopen and rescind an in absentia removal order. We have jurisdiction
pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
motion to reopen. Mohammed v. Gonzales, 400 F.3d 786, 791 (9th Cir. 2005). We
deny the petition for review.
The agency acted within its discretion in denying as number barred
Gutierrez Colocho’s second motion to reopen before the IJ. See 8 C.F.R.
§ 1003.23(b)(1). The BIA did not abuse its discretion in declining to equitably toll
the numerical limitation on motions to reopen because the record does not support
Gutierrez Colocho’s claim that prior counsel either filed Gutierrez Colocho’s first
motion to reopen pro se, or otherwise provided ineffective legal assistance. See
Rodriguez-Lariz v. INS, 282 F.3d 1218, 1224 (9th Cir. 2002) (number bar
amenable to equitable tolling).
Petitioner’s remaining contentions lack merit.
PETITION FOR REVIEW DENIED.

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