Roberto Jovel Santos v. Eric Holder, Jr.

MEMORANDUM

Roberto Antonio Jovel Santos, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judges’ (“U”) decision denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Santos’ motion to reopen where Santos did not submit any supporting materials with his motion to reopen. See 8 C.F.R. § 1003.23 (b)(3) (“Any motion to reopen for the purpose of acting on an application for relief must be accompanied by the appropriate application for relief and all supporting documentation.”).

The BIA did not abuse its discretion in denying Santos’ motion to reopen alleging ineffective assistance by the attorney who represented him before the IJ, where he failed to comply with the threshold requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffective assistance was not…