Kaimacuata

Kaimacuata v. Gonzales

Good Law
222 F. App'x 573
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007Nos. 04-75953, 05-70483California449 words

Opinion

Lead Opinion

ORDER

Petitioner’s motion for clarification is granted.

The unpublished memorandum disposition filed December 8, 2006 is withdrawn.

A memorandum disposition filed simultaneously with this order is filed in its place.

MEMORANDUM **

In these consolidated petitions, Aisea Bole Kaimacuata, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“U”) order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), as well as the BIA’s order denying her motion to reopen and reconsider. We review the denial of motions to reopen and motions to reconsider for abuse of discretion, and we review questions of law, including due process ineffective assistance of counsel claims, de novo. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review in No. 04-75953, and we grant in part and deny in part the petition in No. 05-70483.

The BIA correctly concluded that Kaimacuata did not suffer prejudice in the *575 presentation of any of her applications as a result of her initial counsel’s performance. See Mohammed, 400…

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