NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 13 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS HUMBERTO DEPAZ FRANCO, No. 18-72024 Petitioner, Agency No. A071-585-624 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Carlos Humberto Depaz Franco, a native and citizen of Guatemala, 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 * 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). (9th Cir. 2015). We deny the petition for review. The BIA did not abuse its discretion in denying Depaz Franco’s untimely motion to reopen for failing to demonstrate he acted with the due diligence required for equitable tolling. See 8 U.S.C. § 1229a(c)(7)(C)(i); see also 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2 18-72024 Court of Appeals for the Ninth Circuit ca9 9th Cir. Carlos Depaz Franco v. William Barr 13 April 2020 Agency Unpublished 5bd226e8bfb0f5722a0bb36aab3bf2968ab68566
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