Dhillon

Dhillon v. Ashcroft

Good Law
102 F. App'x 66
United States Court of Appeals for the Ninth CircuitMay 26, 2004No. 03-71145California815 words

Opinion

Lead Opinion

MEMORANDUM *

Narinderjit Singh Dhillon (“Dhillon”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA affirmed the Immigration Judge’s (“IJ’s”) denial of Dhillon’s motion to reopen deportation proceedings after he was ordered deported in absentia as well as the IJ’s denial of Dhillon’s claim for relief under the Convention Against Torture (“CAT”). The IJ denied the motion to reopen on the basis that Dhillon had not complied with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 , 1988 WL 235454 (BIA 1988), because he did not file a state bar complaint against his attorney. The IJ denied Dhillon’s CAT claim because he found Dhillon’s testimony not credible. Dhillon filed a timely petition for review. Because deportation proceedings against Dhillon began before April 1, 1997, and the final order of deportation was issued after October 31, 1996, this case is governed by the transitional rules set forth in section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, div. C., 110 Stat. 3009 . We therefore have jurisdiction of Dhillon’s petition pursuant to former 8…

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