SONIA MONTIEL V. ERIC HOLDER, JR., No. 10-72547 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 23 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SONIA ELIZABETH MONTIEL, Petitioner, No. 10-72547 Agency No. A070-647-103 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Sonia Elizabeth Montiel, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA s 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. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Montiel s motion to reopen as untimely because the motion was filed more than ten years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Montiel did not establish grounds for equitable tolling where she failed to comply with the procedural requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), see Singh v. Holder, 658 F.3d 879, 884 (9th Cir. 2011). In light of our disposition, we do not reach Montiel s remaining contentions. PETITION FOR REVIEW DENIED. 2 10-72547

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