Onofre Catalan, a.k.a. Jeff Catalan, a.k.a. Onofre Catalan-Garcia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ONOFRE CATALAN, a.k.a. Jeff Catalan,
a.k.a. Onofre Catalan-Garcia,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71243
Agency No. A041-985-272
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
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
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-71243 2
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.

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