Sok Por v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOK POR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73173
Agency No. A027-746-307
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Sok Por, a native and citizen of Cambodia, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on
ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder,
646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.
The BIA did not abuse its discretion in denying Por’s motion to reopen as
untimely because the motion was filed more than eight years after the BIA’s final
order of removal, see 8 C.F.R. § 1003.2(c)(2), and Por failed to establish the due
diligence required for equitable tolling of the filing deadline, see Avagyan, 646
F.3d at 678-80 (equitable tolling is available to a petitioner who establishes that he
suffered from deception, fraud or error, and exercised due diligence in discovering
such circumstances).
In light of our disposition, we need not reach Por’s remaining contentions.
PETITION FOR REVIEW DENIED.
11-73173 2

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