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Juan Clavel OSORIO; Yeni Lorena Clavel Rodriguez; Juan Clavel Rodriguez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-04-05No. No. 09-72450
427 F. App'x 557

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Opinion

majority opinion

MEMORANDUM

Juan Clavel Osorio, Yeni Lorena Clavel Rodriguez, and Juan Clavel Rodriguez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen where the motion was filed more than three years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to show they were entitled to equitable tolling, see Iturribarria, 321 F.3d at 897. In light of our disposition, we do not reach petitioners’ other contentions.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.