Garcia-Rodriguez v. Ashcroft
Garcia-Rodriguez v. Ashcroft
Opinion of the Court
MEMORANDUM
Jose Guadalupe Garcia-Rodriguez and Martha Alicia Espinoza-Gomez, citizens of Mexico, petition for review of the Board of Immigration Appeals’ (BIA) denial of their motion to reconsider a summary dismissal of their appeal of an Immigration Judge decision ordering their removal from the United States.
Garcia-Rodriguez and Espinoza-Gomez entered this country without inspection on April 12, 1988. They were ordered removed on December 8, 1998, after they failed to appear at an asylum hearing that, they claim, had been scheduled because a woman whom they hired to help them
The BIA has wide latitude to deny a motion to reconsider. See 8 C.F.R. § 1003.2(a). Parties filing such a motion “shall state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall [support it by reference to] pertinent authority.” 8 C.F.R. § 1003.2(b). We review a denial of a motion to reconsider for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). In their motion to reconsider, Garcia-Rodriguez and Espinoza-Gomez failed to raise any cognizable errors of fact or law of the BIA’s summary dismissal. Therefore, the BIA did not abuse its discretion when it denied this motion.
Garcia-Rodriguez and Espinoza-Gomez, who have lived in this country continuously for over fifteen years with their three children, will be forced to depart without ever having had an opportunity to be heard on the merits of their case. This circumstance was unfortunately triggered in part by the conduct of their counsel in the administrative proceedings.
DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Indeed, the incompetence of Petitioners' counsel is manifest, and may rise to the level of prejudicial ineffectiveness. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1225-27 (9th Cir. 2002); Matter of Lozada, 19 I. & N. Dec. 637, 639, 1988 WL 235454 (1988).
Reference
- Full Case Name
- Jose Guadalupe GARCIA-RODRIGUEZ Martha Alicia Espinoza-Gomez v. John ASHCROFT, Attorney General
- Status
- Published