Zenteno

Zenteno v. Holder

Good Law
368 F. App'x 749
United States Court of Appeals for the Ninth CircuitFebruary 25, 2010No. 07-75059California299 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Rodriguez Zenteno, Juana Margarita Rodriguez, and Mariano Rodriguez Moreno, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to remand and dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and for abuse of discretion the denial of a motion to remand, Ramirez-Alejandre v. Ashcroft, 320 F.3d 858, 874 (9th Cir.2003) (en banc). We deny the petition for review.

The BIA did not abuse its discretion in denying Petitioners’ motion to remand due to ineffective assistance of counsel because they failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the ineffective assistance they allege is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir.2004). It follows that Petitioners’ due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice for a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.