Adolfo Limon Gonzalez; Carmen P. Limon 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADOLFO LIMON GONZALEZ;
CARMEN P. LIMON,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Nos. 08-70909
08-71016
Agency Nos. A075-301-464
A070-964-203
MEMORANDUM*
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
In these consolidated petitions for review, Carmen P. Limon and Adolfo
Limon Gonzalez, mother and son and natives and citizens of Mexico, petition for
review the Board of Immigration Appeals’ (“BIA”) order denying their motion to
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70909 2
reopen based on ineffective assistance of counsel. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen,
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for
review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely because it was filed more than 90 days after the BIA’s final
order of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to establish
grounds for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling
available to a petitioner who is prevented from filing due to deception, fraud or
error, and exercises due diligence in discovering such circumstances). We
therefore do not reach petitioners’ contentions related to their former counsel’s
alleged ineffective assistance.
PETITION FOR REVIEW DENIED.

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