Carmona Martinez v. Ashcroft

MEMORANDUM **

Graciela Carmona Martinez petitions pro se for review of the Board of Immigration Appeals (“BIA”) order dismissing Carmona Martinez’s appeal from an immigration judge’s denial of her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition.

Carmona Martinez asserts that she was denied effective assistance of counsel because the law firm she retained to represent her on appeal from the immigration judge’s decision failed to file a timely brief, and the BIA denied her motion for consideration of a late-filed brief.

In her late-filed brief, Carmona Martinez argued that she was denied effective assistance of counsel at the removal proceedings because her attorney advised her to apply for asylum when, in fact, she was not eligible for asylum. Carmona Martinez withdrew her asylum application at the removal hearing. Carmona Martinez’s attorney also advised her to apply for cancellation of removal although she was ineligible for cancellation because she lacked a qualifying relative as required by 8 U.S.C. § 1229b(b)(1)(D). The immigration judge denied Carmona Martinez’s cancellation application on this basis.

Carmona…