171 F. App'x 44

Belay WOLDEMARIAM, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-76471.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2006.*

Decided March 14, 2006.

Rochelle A. Nwadibia, Privitera and Nwadibia, San Francisco, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, Jennifer L. Light-body, Esq., San Francisco, CA, Meredith Burrell, U.S. Department of Justice Civil Rights Division/Appellate Section, Washington, DC, for Respondent.

Before: CANBY, BEEZER, and KOZINSKI, Circuit Judges.

MEMORANDUM **

Belay Woldemariam, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) order denying Woldemariam’s motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and we deny the petition for review.

The BIA did not abuse its discretion in denying Woldemariam’s motion to reopen because Woldemariam failed to comply with all of the procedural guidelines set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). See Reyes v. Ashcroft, 358 F.3d 592, 597 (9th Cir.2004). Contrary to Woldemariam’s contention, the alleged ineffectiveness of the attorney who represented him before the immigration court is not plain from the record. Cf. Escobar-Grijalva v. INS, 206 F.3d 1331, 1335 (9th Cir.2000) (holding that the BIA’s “reasonable rules for the normal ineffective assistance claim” do not apply where facts demonstrating an attorney’s ineffectiveness are not “plain on the face of the administrative record”).

PETITION FOR REVIEW DENIED.

Woldemariam v. Gonzales
171 F. App'x 44

Case Details

Name
Woldemariam v. Gonzales
Decision Date
Mar 14, 2006
Citations

171 F. App'x 44

Jurisdiction
United States

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