NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BHINDER JIT SINGH, No. 19-70543 Petitioner, Agency No. A096-161-410 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 5, 2020** Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges. Bhinder Jit Singh, a native and citizen of India, petitions 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 a motion to reopen. Martinez-Hernandez v. Holder, 778 F.3d 1086, 1088 (9th Cir. * 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). 2015). We deny the petition for review. The BIA did not abuse its discretion in denying Singh’s untimely motion to reopen for failure to demonstrate he acted with the due diligence required for equitable tolling. See 8 U.S.C. § 1229a(c)(7)(C)(i); Avagyan v. Holder, 646 F.3d 672, 679 (9th Cir. 2011) (due diligence requires that petitioner took reasonable steps to investigate prior counsel’s suspected error, or, if petitioner was ignorant of counsel’s shortcomings, made reasonable efforts to pursue relief). PETITION FOR REVIEW DENIED. 2 19-70543 19-70543 Court of Appeals for the Ninth Circuit ca9 9th Cir. Bhinder Singh v. William Barr 10 August 2020 Agency Unpublished 970405b83d3c3dc6076dfbf450cfa62576050a1b
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