Valadez-Lopez

MEMORANDUM **

Jose Socorro Valadez-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 .

At his hearing, the petitioner failed to submit the required documentation, and the Immigration Judge (“IJ”) denied his request for cancellation of removal. The petitioner then filed a motion to reopen proceedings with the IJ, who treated petitioner’s motion as alleging ineffective assistance of counsel and concluded that the petitioner had failed to satisfy Matter of hozada, 19 I. & N. Dec. 637 (BIA 1988). Upon review, the BIA concluded that petitioner neither satisfied hozada nor established prejudice resulting from any ineffective assistance.

In his appeal to this court, the petitioner argues (1) that his prior attorney provided ineffective assistance, which prejudiced his case, and (2) that the IJ violated his due process rights by faffing to continue his case. We find that the BIA did not err in denying the petitioner’s motion to reopen.

“The denial of a motion to reopen is reviewed for abuse of discretion.” Sharma v. INS, 89 F.3d…