Salazar

Salazar v. Mukasey

Good Law
308 F. App'x 80
United States Court of Appeals for the Ninth CircuitJanuary 8, 2009Nos. 07-70270, 06-73637California315 words

Opinion

Lead Opinion

MEMORANDUM **

Lorena Salazar (“Salazar”) appeals the Board of Immigration Appeals’ (“BIA”) denial of her application for special rule cancellation as a battered spouse under 8 U.S.C. § 1229b(b)(2), and denial of her motion to reopen for ineffective assistance of counsel. Because the parties are familiar with the facts and procedural history, we will not recount it here.

I

Substantial evidence supports the BIA’s dismissal of Salazar’s appeal of the immigration judge’s (“IJ”) decision denying her application for cancellation of removal. The government presented substantial evidence of marriage fraud, and Salazar did not present sufficient evidence to rebut that claim. A reasonable adjudicator would not have been compelled to find that Salazar’s first marriage was legitimate. On petition for review to this Court, Salazar does not contest the merits of the BIA decision, but only argues that her attorney was ineffective. Therefore, we must deny her petition for review.

II

The BIA did not abuse its discretion in denying Salazar’s motion to reopen. The BIA denied the motion to reopen on the basis that Salazar did not demonstrate prejudice. See Iturribarria v. INS, 321 F.3d 889,…

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