TRETYAK v. BARR (2020)

MEMORANDUM **

Mykhaylo Tretyak, a native of the U.S.S.R. and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen or reconsider and review de novo questions of law. Toor v. Lynch, 789 F.3d 1055, 1059 (9th Cir. 2015); 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 Tretyak's untimely motion for failure to demonstrate he acted with the due diligence required for equitable tolling. See 8 U.S.C. § 1229a(c)(6)-(7); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (due diligence depends on when a reasonable person would suspect the attorney's misconduct and whether the 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).

Tretyak has not established that the BIA overlooked any contentions. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010).

PETITION FOR REVIEW DENIED.