JIMENEZ JIMENEZ v. BARR (2019)

MEMORANDUM **

Maria Elena Jimenez-Jimenez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Jimenez-Jimenez’s motion to reopen as untimely, where she filed the motion more than twenty-four years after her final order of deportation, and she did not present sufficient evidence of due diligence for equitable tolling of the filing deadline. See 8 C.F.R. § 1003.2(c)(2); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (equitable tolling is available to a petitioner who is prevented from timely filing a motion to reopen due to deception, fraud, or error, as long as the petitioner exercises due diligence in discovering such circumstances).

Because the due diligence determination is dispositive, the BIA was not required to address prior counsels’ competence, and we do not address Jimenez-Jimenez’s contentions regarding prejudice. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).

PETITION FOR REVIEW DENIED.