Francisco

Francisco v. Immigration & Naturalization Service

Good Law
31 F. App'x 533
United States Court of Appeals for the Ninth CircuitMarch 19, 2002Nos. 00-71105, 01-70240; I & NS No. A41-174-606California475 words

Opinion

Lead Opinion

MEMORANDUM **

Marcela Francisco petitions for review of a decision of the Board of Immigration Appeals affirming her orders of deportation. She also seeks review of the Board’s denial of her motion to reopen and its refusal to exercise its authority to reopen sua sponte. We deny the petitions in all respects.

Francisco argues that she was not afforded effective assistance of counsel. Therefore, she claims, she is entitled to a new hearing on her deportability. She fails, however, to explain to this court what evidence she would present on remand to support possible granted relief from deportation. See Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir.1999). Substantial evidence supported the finding of the Immigration Judge that Francisco’s explanation of her certificate of earlier marriage was incredible. Francisco now simply maintains, without specifics, that she might be able to demonstrate a valid claim if her case were remanded. See id. Absent any showing of evidence that Francisco is eligible for relief from deportation, we must presume that there is no such evidence and that, therefore, she has not been prejudiced by counsel’s performance. Id. We therefore affirm the Board’s…

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