Agustin Pescador Procel v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Agustin Pescador Procel v. Eric H. Holder Jr., 401 F. App'x 218 (9th Cir. 2010)

Agustin Pescador Procel v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Agustín Pescador Procel, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings 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 reopen, and review de novo constitutional questions, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Procel’s motion to reopen because he did not comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), and the alleged ineffective assistance is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Agustin PESCADOR PROCEL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished