Cuatecontzi-Flores

Cuatecontzi-Flores v. Mukasey

Good Law
301 F. App'x 687
United States Court of Appeals for the Ninth CircuitNovember 25, 2008No. 05-75187California236 words

Opinion

lead Opinion

MEMORANDUM **

Odilon Cuatecontzi-Flores and Aicia Xochitemol Nieves de Cuatecontzi, hus *688 band and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal, and denying their motion to remand due to ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations in removal proceedings, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to their United States citizen children. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

We agree with the BIA’s conclusion that the performance of petitioners’ former counsel did not result in prejudice, and thus their claim of ineffective assistance of counsel fails. See Rurribarria v. INS, 321 F.3d 889, 899-900 (9th…

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