Rodriguez-Flores v. Gonzales
Rodriguez-Flores v. Gonzales
Opinion of the Court
MEMORANDUM
Genoveva Rodriguez-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s denial of her motion to reopen removal proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review the BIA’s denial of a motion to reopen for abuse of discretion, and we review due process claims de novo. Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004). We deny the petition for review.
The BIA did not abuse its discretion in affirming the denial of Rodriguez-Flores’s motion to reopen based on ineffective assistance of counsel because even if she had complied with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), see Reyes, 358 F.3d at 597,
PETITION FOR REVIEW 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 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.