Sales Asuncion v. Gonzales

MEMORANDUM ***

Adelaida Sales Asuncion and her husband, Ladislao Eda Asuncion, natives and citizens of the Philippines, petition for review of an order of the Board of Immigration Appeals (“BIA”) dismissing their appeal of an Immigration Judge’s (“IJ”) order finding them removable under 8 U.S.C. § 1227 (a)(1)(A) for knowingly aiding and abetting another alien to enter the United States in violation of the law, which rendered them inadmissible under 8 U.S.C. § 1182 (a)(6)(E)®. Petitioners contend that they were deprived of their Fifth Amendment right to due process because they received ineffective assistance of counsel, and the government obtained and used evidence against them in a fundamentally unfair manner. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process challenges, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

We reject petitioners’ contention that they received ineffective assistance of counsel because they have not shown that *765 their attorneys’ alleged conflict of interest or attorney Singh’s alleged disclosure of privileged communications from a former client…