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

Villareal-Avila v. Holder

Villareal-Avila v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 21, 2010 · Beezer, Trott, Bybee
362 F. App'x 803

Villareal-Avila v. Holder

Opinion

MEMORANDUM **

Gustavo Villareal-Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Reyes v. Ashcroft, 858 F.3d 592, 595 (9th Cir. 2004). We deny the petition for review.

The BIA did not abuse its discretion in denying Villareal-Avila’s motion to reopen because he failed to satisfy the procedural requirements set forth in Matter of Loza-da, 19 I. & N. Dec. 687 (BIA 1988). See Reyes, 358 F.3d at 597-98.

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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