Fierro

Fierro v. Holder

Good Law
321 F. App'x 647
United States Court of Appeals for the Ninth CircuitApril 6, 2009No. 05-72443California314 words

Opinion

Lead Opinion

MEMORANDUM **

Espiridion G. Fierro, 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 removal order, and denying his claim of ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Fierro’s contentions related to the agency’s decision to commence removal proceedings. See 8 U.S.C. § 1252 (g) (“no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.”); Jimenez-Angeles v. Ashcroft, 291 F.3d 594 , 599 (9th Cir.2002).

The BIA properly denied Fierro’s ineffective assistance of counsel claim because he did not satisfy the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffective assistance is not “obvious and undisputed on the face of the…

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