Huiza

Huiza v. Immigration & Naturalization Service

Good Law
53 F. App'x 492
United States Court of Appeals for the Ninth CircuitDecember 23, 2002No. 01-71547; INS No. A70-190-057California563 words

Opinion

Lead Opinion

*493 MEMORANDUM **

Mayda Nery Huiza, a citizen and native of Peru, petitions this court for review of the BIA’s denial of her second motion to reopen deportation proceedings. Ms. Huiza’s motion to reopen claimed that ineffective assistance of counsel deprived her of her Fifth Amendment right to due process in deportation proceedings. We have jurisdiction under 8 U.S.C. § 1005a(a), as amended by § 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009 , 625 (1996). We review for abuse of discretion the BIA’s denial of a motion to reopen. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). Because the BIA did not abuse its discretion in this case, we deny Mr. Huiza’s petition for review. As the parties are familiar with the factual and procedural history of this case, we will only recount it as necessary to explain our decision.

Ms. Huiza alleges that her former attorney prejudiced her claim to asylum relief by withdrawing her asylum application, failing to adequately consult with her about her case, and failing to timely file critical motions in her case. To show a deprivation of due process caused by ineffective assistance of…

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