Javier Martinez-Hernandez v. Eric Holder, Jr.

Petitioner Javier Martinez-Hernandez seeks review of a final order of the Board of Immigration Appeals denying a motion to reopen on the basis of ineffective assistance of counsel. We deny the petition for review.

Petitioner entered the United States at age one in 1984. In 1997, when he was still a minor, his permanent-resident mother applied on his behalf for an 1-130 visa. The visa application did not progress, and in 2002, Petitioner was placed in removal proceedings. He successfully terminated those proceedings and continued pursuit of the visa. He received a visa in 2004 and was officially admitted to the United States. By that time, he was no longer a minor. He subsequently failed to apply for adjustment of status within one year as permitted by the Child Status Protection Act of 2002.

Meanwhile, in October 2001, Petitioner and an accomplice committed a violent offense against a police officer. Petitioner was 18 at the time. In December 2001, Petitioner pleaded guilty to the felony offense of battery with severe bodily injury, CaLPenal Code § 243(d), with an enhancement for use of a deadly weapon or instrument on a police officer, id. §…