Wilhelm Straube v. Eric H. Holder Jr.

Good Law
453 F. App'x 695
United States Court of Appeals for the Ninth CircuitOctober 6, 201108-72054California331 words

Opinion

Opinion

MEMORANDUM

Wilhelm Roberto Straube, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, relief under the Convention Against Torture, suspension of deportation, and special rule cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s findings of fact, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and review de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

Substantial evidence supports the agency’s finding that Straube was deporta-ble as an alien who entered the United States without inspection where Straube twice conceded the allegation before the IJ. Contrary to Straube’s contention, entry without inspection was a ground of deport-ability at the time of Straube’s entry. See 8 U.S.C. § 1251 (a)(2) (1976).

The BIA adequately addressed Straube’s claim of ineffective assistance of counsel. Substantial record evidence sup ports the…

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