Usmanov v. Mukasey
Usmanov v. Mukasey
Opinion of the Court
MEMORANDUM
Sergey M. Usmanov, a native of the former Soviet Union and a citizen of Tajikistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his second motion to reopen proceedings due to ineffective assistance of counsel and to reapply for withholding of removal and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005), we grant in part and deny in part the petition for review.
The BIA abused its discretion when it failed fully to address Usmanov’s ineffective assistance of counsel claim based on prior counsel’s failure to file Us
The BIA did not abuse its discretion in determining that Usmanov failed to provide sufficient evidence of changed circumstances in Tajikistan. See 8 C.F.R. § 1003.2(c)(3)(ii); see also Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000) (the BIA does not abuse its discretion unless it acts “arbitrarily, irrationally or contrary to law”). Contrary to Usmanov’s contention, the BIA considered the evidence and adequately explained its decision. Cf. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005) (remanding where BIA stated only that petitioner’s motion to reopen was denied and provided no further explanation).
PETITION FOR REVIEW GRANTED in part; DENIED in part; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.