Eugenio Camacho-Contreras v. Eric H. Holder Jr., No. 08-73303 (9th Cir. 2010)

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FILED OCT 26 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EUGENIO EVERADO CAMACHOCONTRERAS, No. 08-73303 Agency No. A073-982-536 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Eugenio Everado Camacho-Contreras, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, * 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). 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 Camacho-Contreras motion to reopen because it was filed more than six years after the BIA s March 25, 2002, order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(c)(2), and CamachoContreras failed to demonstrate that he acted with the due diligence required for equitable tolling, see Iturribarria, 321 F.3d at 897 (equitable tolling available when a petitioner is prevented from filing because of deception, fraud, or error, as long as the petitioner acts with due diligence ); see also Singh v. Gonzales, 491 F.3d 1090, 1096-97 (9th Cir. 2007). Camacho-Contreras remaining contention is unavailing. PETITION FOR REVIEW DENIED. 2 08-73303

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