United States v. 2020-04-13 | 18-72024 | CARLOS DEPAZ FRANCO V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS HUMBERTO DEPAZ FRANCO,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 18-72024

Agency No. A071-585-624

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Carlos Humberto Depaz Franco, a native and citizen of Guatemala, 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 a motion to reopen. Martinez-Hernandez v. Holder, 778 F.3d 1086, 1088

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

APR 13 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2
(9th Cir. 2015). We deny the petition for review.
The BIA did not abuse its discretion in denying Depaz Franco’s untimely
motion to reopen for failing to demonstrate he acted with the due diligence
required for equitable tolling. See 8 U.S.C. § 1229a(c)(7)(C)(i); see also Avagyan
v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (due diligence requires that petitioner
took reasonable steps to investigate prior counsel’s suspected error, or, if petitioner
was ignorant of counsel’s shortcomings, made reasonable efforts to pursue relief).
PETITION FOR REVIEW DENIED.