Ramon Cruz Reyes v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Ramon Cruz Reyes v. Eric H. Holder Jr., 408 F. App'x 31 (9th Cir. 2011)
Goodwin, Wallace, Thomas

Ramon Cruz Reyes v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Ramon Cruz Reyes and Ofelia Robles Diaz, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen 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, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion on the ground that they failed to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), because petitioners did not include any evidence that they had informed the attorneys of the allegations against them, and the alleged ineffective assistance is not plain on the face of the record. See Reyes, 358 F.3d at 594, 597-99.

The BIA did not abuse its discretion in denying petitioners’ motion on the ground *32 that the new evidence of their youngest daughter’s health problems was untimely and did not fall within any exception to the time restrictions. See 8 C.F.R. § 1003.2(c)(2), (3).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Ramon Cruz REYES and Ofelia Robles Diaz, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished