Medardo Rivas-Campos v. Loretta E. Lynch

MEMORANDUM

Medardo Aristides Rivas-Campos, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to 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 reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Rivas-Campos’s motion to reopen as untimely, where it was filed over 90 days after the agency’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), Rivas-Campos failed to comply with the procedural requirements of Matter of Lazada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffective assistance was not plain on the face of the administrative record, see Reyes v. Ashcroft, 358 F.3d 592, 596-99 (9th Cir.2004) (no abuse of discretion in denying motion to reopen where alien failed to comply with Lozada and ineffectiveness was not plain on the face of the record).

We do not consider Rivas-Campos’s unexhausted contention that he has now substantially complied with the procedural requirements of…