Ramirez-Guerrero

Ramirez-Guerrero v. Gonzales

Good Law
234 F. App'x 496
United States Court of Appeals for the Ninth CircuitJune 7, 2007No. 05-76634California244 words

Opinion

Lead Opinion

MEMORANDUM **

J. Efrain Ramirez-Guerrero and his wife Claudia Gonzales, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by concluding the petitioners did not establish that the conduct of prior counsel resulted in prejudice to them, and thus did not provide a basis to reopen. See id. at 901-02 .

To the extent the petitioners contend the BIA failed to consider some or all of the evidence they submitted with the motion, they have not overcome the presump *497 tion that the BIA did review the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006).

To the extent petitioners challenge the BIA’s underlying order dismissing their direct appeal from an immigration judge’s decision denying their applications for cancellation of removal, we lack jurisdiction to review petitioners’ contentions because the…

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.