U.S. Court of Appeals for the Ninth Circuit, 2010

Ramos-Gonzalez v. Holder

Ramos-Gonzalez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 11, 2010 · Canby, Thomas, Fletcher
383 F. App'x 641

Ramos-Gonzalez v. Holder

Opinion

MEMORANDUM **

Pedro Ramos-Gonzalez, a native and citizen of Guatemala, petitions for review of *642 the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008), and de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Ramos-Gonzalez’s motion to remand due to ineffective assistance of counsel because he failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and the ineffective assistance he alleges is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004). It follows that Ramos-Gonzalez’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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