Ahmed
Ahmed v. Mukasey
Opinion
lead Opinion
MEMORANDUM *
Petitioner Marta Said Ahmed petitions this court for review of three orders of the Board of Immigration Appeals: (1) the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture, (2) the denial of her first motion to reopen for adjustment of status, and (3) the denial of her second motion to reopen for adjustment of status based on the ineffective assistance of her former counsel. All three petitions were consolidated before this court. We deny the first two petitions. We grant the third petition in a separate opinion.
I. APPLICATION FOR ASYLUM, WITHHOLDING OF REMOVAL, AND RELIEF UNDER THE CONVENTION AGAINST TORTURE
Where “the BIA affirm[s] without opinion, this court directly reviews the immigration judge’s decision as though it were the decision of the BIA.” Chete Juarez v. Ashcroft, 376 F.3d 944, 947 (9th Cir.2004). The court must uphold factual findings of the IJ if they are “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (internal quotations omitted). “To reverse the BIA…