Miguel Bravo-Martinez, et al v. Eric Holder, Jr., No. 09-72330 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 13 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MIGUEL BRAVO MARTINEZ; TERESA CARRILLO MEDINA, No. 09-72330 Agency Nos. A079-530-414 A079-530-416 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. Miguel Bravo Martinez and Teresa Carrillo Medina, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of * 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). discretion the denial of a motion to reopen, 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 petitioners motion to reopen where the motion was filed nearly five years after the BIA s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to show they acted with the due diligence required to obtain equitable tolling of the filing deadline, see Iturribarria, 321 F.3d at 897. In light of our holding, we do not reach petitioners contentions concerning the merits of their ineffective assistance of counsel claim. PETITION FOR REVIEW DENIED. 2 09-72330

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