U.S. Court of Appeals for the Ninth Circuit, 2012

Reina Armenta v. Eric Holder, Jr.

Reina Armenta v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 23, 2012 · Canby, Graber, Smith
473 F. App'x 676

Reina Armenta v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Reina Benites Armenia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. 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 Armenia’s motion to reopen, where Armenta failed to comply with the threshold requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), and the ineffective assistance she alleges is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 596-99 (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.

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