Maaref

Maaref v. Gonzales

Good Law
240 F. App'x 202
United States Court of Appeals for the Ninth CircuitJuly 13, 2007No. 05-77191California616 words

Opinion

Lead Opinion

MEMORANDUM **

I.

Petitioner Tooraj Maaref seeks review of a decision of the Board of Immigration Appeals (“BIA”) finding him ineligible for former INA § 212(c) relief. We have jurisdiction under 8 U.S.C. § 1252 . Because the ground of deportability sustained against Maaref lacks a statutory counterpart in the grounds of inadmissibility, § 212(c) relief is unavailable. In re Brievcv-Perez, 23 I. & N. Dec. 766 (BIA 2005); see also In re Blake, 23 I. & N. Dec. 722 (BIA 2005). In Abebe v. Gonzales, 493 F.3d 1092 (9th Cir.2007), we rejected the objections to the Blake/Brieva rule that are raised in Maarefs petition.

II.

Maaref also argues that his right to counsel was violated during an April 23, 2003 hearing on his application for relief under the Convention Against Torture *204 (“CAT”). We have jurisdiction over this claim notwithstanding the fact that Maaref voluntarily dismissed a prior petition for review. When, as here, the BIA grants a motion to reopen and subsequently reinstates an order of removal, an alien may raise “any ground which he has raised before the BIA before the final order of removal, not just the one that caused reopening.” Lopez-Ruiz v. Ashcroft, 298 F.3d…

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