NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 17 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAJBIR S. CHEEMA, No. 17-73421 Petitioner, Agency No. A205-716-606 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 11, 2019** Before: CANBY, GRABER, and MURGUIA, Circuit Judges. Rajbir S. Cheema, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We deny the petition for review. The BIA did not abuse its discretion in denying as untimely Cheema’s motion to reopen based on ineffective assistance of counsel, where he filed the motion four years after his final administrative order of removal, he did not show due diligence for equitable tolling of the filing deadline, and he did not show that the motion was subject to any exceptions to the deadline. See 8 C.F.R. § 1003.2(c)(2)-(3); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (equitable tolling is available to a petitioner who is prevented from timely filing a motion to reopen due to deception, fraud, or error, as long as the petitioner exercises due diligence in discovering such circumstances). In light of this disposition, we need not reach Cheema’s remaining contentions. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (“As a general rule courts and agencies are not required to decide issues unnecessary to the results they reach.”) (citation omitted). PETITION FOR REVIEW DENIED. 2 17-73421 17-73421 Court of Appeals for the Ninth Circuit ca9 9th Cir. Rajbir Cheema v. William Barr 17 June 2019 Agency Unpublished a343e7fe53e81e6ea08964f9a95ca1305b037ff3
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