SINGH v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.

Sarabjit SINGH, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 20-71978

Decided: September 17, 2021

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Anas Jameel Ahmed, Pannun The Law Firm, Jackson Heights, NY, for Petitioner. Margaret Anne O'Donnell, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division - Commercial Litigation Branch, Washington, DC, for Respondent.

MEMORANDUM **

Sarabjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 Singh's untimely motion to reopen based on ineffective assistance of counsel where he failed to demonstrate he acted with the due diligence required for equitable tolling. See 8 U.S.C. § 1229a(c)(7)(C)(i); Singh v. Holder, 658 F.3d 879, 884 (9th Cir. 2011) (“To qualify for equitable tolling on account of ineffective assistance of counsel, a petitioner must demonstrate ․ due diligence in discovering counsel's fraud or error ․”); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (listing factors relevant to the diligence inquiry).

PETITION FOR REVIEW DENIED.

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