286 F. App'x 524

Martin GUZMAN-GUZMAN, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 07-71700.

United States Court of Appeals, Ninth Circuit.

Submitted July 22, 2008.*

Filed Aug. 7, 2008.

Nicholas W. Marchi, Esq., Carney & Marchi, PS, Seattle, WA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, Carol Fed-erighi, Esq., Andrew B. Insenga, U.S. Department of Justice Civil Division, Washington, D.C., for Respondent.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.

MEMORANDUM **

Martin Guzman-Guzman, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We deny the petition for review.

The BIA correctly determined that Guzman-Guzman is not eligible for a special motion to seek relief under former section 212(c). See 8 C.F.R. § 1003.44(k) (individuals issued a final order of deportation who then illegally return to the United States are ineligible to file a special former section 212(c) motion); see also Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1040-41 (9th Cir.2007).

We do not reach Guzman-Guzman’s contentions regarding ineffective assistance of counsel because the BIA’s determination that his reinstated deportation order bars relief is dispositive.

PETITION FOR REVIEW DENIED.

Guzman-Guzman v. Mukasey
286 F. App'x 524

Case Details

Name
Guzman-Guzman v. Mukasey
Decision Date
Aug 7, 2008
Citations

286 F. App'x 524

Jurisdiction
United States

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