Pineda

Pineda v. Ashcroft

Good Law
103 F. App'x 294
United States Court of Appeals for the Ninth CircuitJuly 19, 2004No. 02-72753California355 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Carlos Aguirre Pineda and Graciela Velazquez Tejeda, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s denial of their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review petitioners’ due process challenges de novo, Munoz v. Ashcroft, 339 F.3d 950, 955 (9th Cir.2003), and we deny the petition for review.

We conclude that petitioners’ counsel did not provide ineffective assistance by withdrawing petitioners’ application for asylum in favor of an application for cancellation of removal. See id. (explaining that counsel’s withdrawal of an application was not deficient or prejudicial where applicant failed to demonstrate eligibility for form of relief). Likewise, counsel’s admission of the allegations in the notice to appear was neither deficient, nor prejudicial. See Magallanes-Damian v. INS, 783 F.2d 931 , 934 (9th Cir.1986).

We also conclude that the IJ did not deny petitioners due process by failing to advise them of their right to obtain counsel and apply for various forms of relief because petitioners appeared before…

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