Deo

Deo v. Gonzales

Good Law
193 F. App'x 718
United States Court of Appeals for the Ninth CircuitJuly 28, 2006Nos. 04-74595, 04-75875California330 words

Opinion

Lead Opinion

MEMORANDUM **

Aslesh Kumar Deo petitions for review of the Board of Immigration Appeals’ *719 (“BIA”) orders denying his “motion to accept late filed appeal” and his motion to reopen administrative proceedings, both alleging ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 (b). We review for abuse of discretion, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002), and we deny the petitions for review.

At the close of his asylum hearing Deo stated that he accepted the Immigration Court’s decision as the final administrative order. The record indicates that the Immigration Judge explained Deo’s rights, checked that he understood, and confirmed Deo’s agreement to waive appeals. Nineteen days later present counsel filed an appeal with the BIA.

The BIA did not abuse its discretion when it denied the “motion to accept late filed appeal,” alleging ineffective assistance of counsel, for failure to comply with Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988). See Lopez v. INS, 184 F.3d 1097, 1100 (9th Cir.1999) (adopting Lozada procedural requirements).

The BIA did not abuse its discretion by denying as untimely Deo’s motion to reopen. See 8…

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