Florencio Salinas-Lopez v. Eric H. Holder Jr., No. 08-75126 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FLORENCIO SALINAS-LOPEZ, Petitioner, No. 08-75126 Agency No. A090-937-249 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Florencio Salinas-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review * 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). for abuse of discretion the denial of a motion to 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 Salinas-Lopez s motion to reopen as untimely because it was filed more than five years after the BIA s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Salinas-Lopez failed to establish grounds for equitable tolling, see Socop-Gonzalez v. INS, 272 F.3d 1176, 1193 (9th Cir. 2001) (en banc) (equitable tolling applies where despite all due diligence, [the party invoking equitable tolling] is unable to obtain vital information bearing on the existence of the claim ) (internal quotation and citation omitted). We therefore do not reach Salinas-Lopez s contentions related to his former counsel s alleged ineffective assistance. PETITION FOR REVIEW DENIED. 2 08-75126

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