Chimil-Felipe
Chimil-Felipe v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Bulmaro Chimil-Felipe, a Mexican native and citizen, petitions for review of the Board of Immigration Appeal’s (“BIA”) order denying his motion to reopen removal proceedings, which claimed ineffective assistance of counsel. Chimil-Felipe also petitions for review of the BIA’s order denying his motion to reconsider that decision. We review the denial of motions to reopen and to reconsider for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny both petitions.
Petitioner applied for cancellation of removal pursuant to 8 U.S.C. § 1229b(b), claiming his removal would be an “exceptional and extremely unusual” hardship on his United States citizen daughter, who suffers from sinusitis and nosebleeds. Petitioner claims he received ineffective assistance of counsel at his removal hearing because his counsel failed to introduce any evidence corroborating his claim of hardship.
The BIA erred in holding petitioner was required to submit medical or other documentation showing hardship on his daughter on a motion to reopen. The BIA’s own regulation on motions to reopen requires only that the motion “state the new facts that will be proven at a…