Roblero

Roblero v. Holder

Good Law
358 F. App'x 849
United States Court of Appeals for the Ninth CircuitNovember 30, 2009Nos. 06-74012, 08-72710California397 words

Opinion

Lead Opinion

In No. 06-74012, Audencio Edgar Roblero, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, •withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. In No. 08-72710, Roblero petitions for review of the BIA’s order denying his motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, review for abuse of discretion the denial of a motion to reopen, and review 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). We deny in part and dismiss in part the petitions for review.

Assuming Roblero’s evidence to be credible, the agency determined that Roblero failed to establish that he suffered or fears *851 persecution on account of a protected ground. The record does not compel a contrary result. See Tecun-Florian v. INS, 207 F.3d 1107, 1109-10…

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