Dhirendra Sukul v. Eric Holder, Jr.

MEMORANDUM

Petitioner Dhirendra Nath Sukul petitions for review of the decision of the Board of Immigration Appeals rejecting his applications for various forms of relief from removal. Sukul contends that his hearing counsel was so ineffective that he was unable to reasonably present his ease, depriving him of his due process right to a fair hearing. Specifically, he claims that counsel failed to prepare him to testify about an alleged incident where Sukul was kidnapped by Fijian authorities, fully review the record, consult with him and his wife, file certain documents, ask “proper questions,” and “ensure adequate translation of the hearings.” We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

In order to succeed on an ineffective assistance of counsel claim, an alien must comply with the following procedural requirements: (1) provide an affidavit detailing the agreement with counsel; (2) notify counsel of the allegations so that counsel has an opportunity to respond; and (3) disclose whether the alien has filed a complaint with the disciplinary authorities. Correa-Rivera v. Holder, 706 F.3d 1128, 1131 (9th Cir.2013) (citing Matter of Lozada, 19 I. &…