Oscar Chacon v. Loretta E. Lynch

MEMORANDUM

Oscar Alexander Chacon, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) denial of his motion to reconsider and reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Chacon’s motion to reconsider, where he failed to show any error of law or fact in the IJ’s original removal order, and has not established that his decision to waive appeal of that order was not knowing and intelligent, where he was represented by counsel, is bound by his counsel’s tactical decisions, and did not raise a claim of ineffective assistance of counsel before the agency. See Magallanes-Damian v. INS, 783 F.2d 931 , 934 (9th Cir.1986), cf. Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir.2005) (finding an invalid appeal waiver where a pro se petitioner did not understand the meaning of an appeal). In addition, the…