Pineda Rodriguez v. Mukasey
Pineda Rodriguez v. Mukasey
Opinion of the Court
MEMORANDUM
Carlos Mario Pineda Rodriguez, a native and citizen of El Salvador, petitions for
The BIA did not abuse its discretion in denying Pineda Rodriguez’ motion to reopen alleging ineffective assistance of counsel because Pineda Rodriguez did not satisfy any of the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the alleged ineffective assistance is not “obvious and undisputed on the face of the record.” See Reyes, 358 F.3d at 597.
We lack jurisdiction to consider Pineda Rodriguez’ challenge to the BIA’s order dismissing his appeal from an immigration judge’s removal order because this petition for review was not filed within 30 days of the BIA order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Carlos Mario PINEDA RODRIGUEZ v. Michael B. MUKASEY, Attorney General
- Status
- Published