Prieto-Romero

MEMORANDUM *

Jose Manuel Prieto-Romero petitions for review of two order of the Board of Immigration Appeals (BIA) denying his motion to reopen, and dismissing his appeal and affirming the immigration judge’s (IJ) order denying an INA § 212(c) waiver, 8 U.S.C. § 1182 (c) (repealed 1996). We have jurisdiction under 8 U.S.C. § 1252 and we deny the petitions.

This Court reviews de novo Petitioner’s legal claims and allegations of constitutional violations in immigration proceedings. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005); Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001).

The agency did not err in denying Prieto-Romero’s ineffective assistance of counsel claim. Counsel was not ineffective for failing to submit the details from PrietoRomero’s sentencing hearing in the motion to reopen. The court denied a judicial recommendation against deportation (JRAD), therefore there was no basis to conclude that the agency was required to terminate proceedings. Although the district court may have relied on the government’s representation that a JRAD was unnecessary, this assumption was not a mistake of fact of “constitutional magnitude.” See United States v.…