Sanchez-Rodriguez

Sanchez-Rodriguez v. Mukasey

Good Law
305 F. App'x 477
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 05-77198California426 words

Opinion

Lead Opinion

MEMORANDUM **

Fidencio Sanehez-Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The record does not compel the conclusion that Sanchez-Rodriguez’s ineffective assistance of counsel claims are an extraordinary circumstance excusing the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 648, 657-58 (9th Cir.2007) (per curiam).

Sanehez-Rodriguez’s contention that the BIA violated due process by requiring him to file complaints against the attorneys with whom he consulted or otherwise make the attorneys aware of his claims, lacks merit because he failed to demonstrate prejudice. See Colmenar,…

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