Lepe-Saucedo
Lepe-Saucedo v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Jose Lepe-Saucedo (“Lepe-Saucedo” or “petitioner”) petitions for review of decisions of the Board of Immigration Appeals (BIA) upholding his removal order and denying his motion to reopen. Lepe-Saucedo argues that his former counsel’s ineffective assistance during his removal hearing deprived him of due process, and the BIA abused its discretion by not waiving the procedural requirements for asserting an ineffective assistance of counsel claim in a motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petitions for review. Because the parties are familiar with the facts of the case, we recite them only as necessary to explain our decision.
On July 3, 1999, Lepe-Saucedo traveled from Mexico to California with various people who were United States citizens or legal residents, except for petitioner’s nephew, who is a citizen and resident of Mexico. At the border, Lepe-Saucedo’s nephew presented the birth certificate of one of Lepe-Saucedo’s sons, a U.S. citizen who was not present. Because the nephew was unable to produce other identification matching the son’s, the group was referred to secondary inspection and questioned individually.