Diaz
Diaz v. Gonzales
Opinion
Lead Opinion
*652 MEMORANDUM **
Aroldo Reyes Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of motions to reopen for abuse of discretion, and we review questions of law, including 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 his motion to reopen, Diaz alleges his former counsel provided him with ineffective assistance of counsel by failing to request his case be “repapered.” See Al-caraz v. INS, 384 F.3d 1150, 1152-53 (9th Cir.2004) (describing the “safety-net provision for aliens rendered ineligible for suspension of deportation because of the retroactive stop-time rule,” referred to as repapering relief).
The BIA did not abuse its discretion in denying Diaz’s motion for failing to comply with the procedural requirements set forth in Matter of Lazada, 19 I. & N. Dec. 637, 639 (BIA 1988). The BIA correctly found that Diaz had not provided any evidence that the letters he claimed to have sent to the State…