Jian Yuan Zhen 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NOT FOR PUBLICATION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
JIAN YUAN ZHEN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72906
Agency No. A044-195-740
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Jian Yuan Zhen, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
FILED
OCT 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-72906 2
a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We
deny the petition for review.
The BIA did not abuse its discretion in denying Zhen’s third motion to
reopen because the motion was filed more than six years after the BIA’s March 12,
2003, order, see 8 C.F.R. § 1003.2(c)(2) (motion to reopen must generally be filed
within 90 days of the final order), and Zhen failed to establish that he acted with
the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 894
(deadline can be equitable tolled “when a petitioner is prevented from filing
because of deception, fraud, or error, as long as the petitioner acts with due
diligence”).
PETITION FOR REVIEW DENIED.

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