Pratap

Pratap v. Holder

Good Law
330 F. App'x 141
United States Court of Appeals for the Ninth CircuitAugust 3, 2009Nos. 04-72097, 08-71080California496 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Suman Pratap, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying a waiver *142 under 8 U.S.C. § 1186a(c)(4)(B), as well as the BIA’s order denying her motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, for abuse of discretion the denial of a motion to reopen, and de novo claims of due process violations, including claims of ineffective assistance of counsel in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). In No. 04-72097, we deny in part and dismiss in part the petition for review, and in No. OS-71080 we deny the petition for review.

Substantial evidence supports the agency’s denial of the statutory waiver where Pratap testified inconsistently regarding her intended address upon arrival in the United States and the circumstances of her arrival. See Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1148 (9th Cir.2005) (evidence presented did not compel a…

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