Luna-barrera

Luna-barrera v. Immigration & Naturalization Service

Good Law
24 F. App'x 829
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-70308; INS No. A75-481-408California568 words

Opinion

Lead Opinion

MEMORANDUM **

Raymundo Luna-Barrera and Maria Urrutia Luna-Barrera petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) determination that they abandoned their petitions for cancellation of removal. They also appear to make a *830 claim of ineffective assistance of counsel. We deny the petition for review and conclude that the ineffective assistance of counsel claim is not properly before this court.

The Petitioners are natives and citizens of Mexico. At a hearing before the IJ, they conceded, through their attorney, that they are present in the United States without being admitted or paroled as required by the Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i), and that they are subject to removal as charged by the Immigration and Naturalization Service (“INS”). However, they asked the IJ for cancellation of removal, or, alternatively, voluntary departure. The IJ gave the Petitioners two months to file applications for cancellation of removal. He warned that if they did not file by then, their applications would be deemed abandoned.

The Petitioners failed to file their applications by the specified date.…

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