Onofre CATALAN, a.k.a. Jeff Catalan, a.k.a. Onofre Catalan-Garcia, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 516 F. App'x 625

MEMORANDUM Onofre Catalan, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Catalan’s motion to reopen as untimely and number-barred where he filed the second motion almost four years after his final order of removal, see 8 C.F.R. § 1003.2(c)(2) (party may file one motion to reopen and motion must be filed within 90 days of final order), and failed to show the due diligence required for equitable tolling of the filing deadline, see Avagyan, 646 F.3d at 679-80 (equitable tolling is available to a petitioner who is prevented from filing because of deception, fraud or error, and exercised due diligence in discovering such circumstances).

In light of our disposition, we need not reach Catalan’s remaining contentions. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.