Peralta-Salas

Peralta-Salas v. Immigration & Naturalization Service

Good Law
51 F. App'x 769
United States Court of Appeals for the Ninth CircuitDecember 4, 2002No. 02-70502; INS No. A74-816-553California268 words

Opinion

Lead Opinion

*770 MEMORANDUM **

Following proceedings conducted in ab-sentia on August 8, 1996, an immigration judge ordered Miguel Angel Peralta-Salas, a native and citizen of Guatemala, deported. The immigration judge denied Peral-ta-Salas’ motions to reopen and reconsider. Peralta-Salas now petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from the order denying his motion to reconsider. We affirm.

Although Peralta-Salas argued to the immigration judge that he did not receive a notice to appear before an immigration judge, he now concedes that he signed and acknowledged receipt of the order to show cause to appear.

Peralta-Salas’ assertions in this petition for review regarding his representation by an “attorney impos[t]er” do not appear to be the same assertions regarding ineffective assistance of counsel raised before the Board of Immigration Appeals. However, to the extent Peralta-Salas does raise in this petition for review exhausted claims of ineffective assistance of counsel, the Board did not abuse its discretion in concluding that Peralta-Salas did not make a sufficient showing to reopen his case. Castillo-Perez v. INS, 212 F.3d 518,…

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