Keiti Kayyal, et al v. Eric H. Holder Jr., No. 08-75068 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 12 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KEITI SALIM KAYYAL; OUSAMEH SALIM KAYYAL, No. 08-75068 Agency Nos. A070-546-366 A070-546-367 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Keiti Salim Kayyal and Ousameh Salim Kayyal, citizens of Jordan, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion in denying the Kayyals motion to reopen as untimely because it was filed more than eight years after the BIA s final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and the Kayyals did not establish the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (deadline for filing motion to reopen can be equitably tolled when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence in discovering the deception, fraud, or error ). PETITION FOR REVIEW DENIED. 2 08-75068

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