Sonia Elizabeth Montiel 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NOT FOR PUBLICATION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
SONIA ELIZABETH MONTIEL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72547
Agency No. A070-647-103
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Sonia Elizabeth Montiel, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen due to ineffective assistance of counsel. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-72547 2
reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny
the petition for review.
The BIA did not abuse its discretion in denying Montiel’s motion to reopen
as untimely because the motion was filed more than ten years after the final order
of removal, see 8 C.F.R. § 1003.2(c)(2), and Montiel did not establish grounds for
equitable tolling where she failed to comply with the procedural requirements of
Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), see Singh v. Holder, 658 F.3d
879, 884 (9th Cir. 2011).
In light of our disposition, we do not reach Montiel’s remaining contentions.
PETITION FOR REVIEW DENIED.

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