Ranjeet KAUR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 396 F. App'x 382

MEMORANDUM Ranjeet Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 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 concluding that equitable tolling was unavailable for Kaur’s claims because she failed to demonstrate diligence where she admitted to knowing that counsel was unprepared at the time of her hearing, but continued to retain his services throughout the appellate process. See 8 C.F.R. § 1003.2(c)(2); Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003) (tolling available to individuals who are prevented from filing due to deception, fraud or error, and use due diligence in discovering deception, fraud or error). PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.