Alice P. Gulley v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALICE P. GULLEY,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72873
Agency No. A043-972-867
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Alice P. Gulley, a native and citizen of the Philippines, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her 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
JAN 24 2014
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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a motion to reopen, Avagyan 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 Gulley’s motion to reopen as
untimely where the motion was filed more than nine years after her removal order
became final, see 8 C.F.R. § 1003.2(c)(2), and Gulley failed to show the due
diligence required for equitable tolling of the filing deadline, see Avagyan, 646
F.3d at 679 (equitable tolling is available to a petitioner who is prevented from
filing because of deception, fraud or error, and exercised due diligence in
discovering such circumstances).
Because the timeliness issue is dispositive, we need not reach Gulley’s
remaining contention.
PETITION FOR REVIEW DENIED.
12-72873 2

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