Rosario Del Carmen Pena- Pineda 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSARIO DEL CARMEN PENA-
PINEDA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-71660
Agency No. A094-458-961
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Rosario Del Carmen Pena-Pineda, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
her motion to reopen based on ineffective assistance of counsel. We have
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KS/Research 06-71660 2
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 785, 791 (9th Cir.
2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Pena-Pineda’s motion to
reopen as untimely because the motion was filed more than ninety days after the
BIA’s July 18, 2005, order dismissing her appeal, see 8 C.F.R. § 1003.2(c)(2), and
Pena-Pineda failed to establish grounds for equitable tolling, see Iturribarria v.
INS, 321 F.3d 889, 897 (9th Cir. 2003) (equitable tolling is available to a petitioner
who is prevented from filing due to deception, fraud or error, and exercises due
diligence in discovering such circumstances).
PETITION FOR REVIEW DENIED.

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