Mejia

Mejia v. Ashcroft

Good Law
104 F. App'x 71
United States Court of Appeals for the Ninth CircuitJuly 19, 2004No. 02-72270California334 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Raul Blanco Mejia and Refugio del Carmen Garcia Hernandez, husband and wife, and natives and citizens of El Salvador, petition for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) decision denying their motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review denials of motions to reopen for an abuse of discretion, but review de novo purely legal questions, such as due process claims. Itumbarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The IJ denied Petitioners’ applications for asylum, withholding of removal, relief under the Convention Against Torture, and voluntary departure, and ordered them removed to El Salvador. The IJ further found that Petitioners knowingly filed a frivolous asylum application under 8 U.S.C. § 1158 (d)(6).

In their motion to reopen, Petitioners conceded that they lied before the IJ, but argued that Petitioners’ counsel did not spend enough time with them and failed to rectify the law office manager’s previous advice to lie at their removal hearing, and therefore was ineffective. We disagree. The IJ gave…

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