Villareal-Avila v. Holder , 362 F. App'x 803 ( 2010 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                             JAN 21 2010
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    GUSTAVO VILLAREAL-AVILA, a.k.a.                  No. 07-72879
    Gustavo Villarenl-Avila and Gustavo
    Villareal,                                       Agency No. A098-005-077
    Petitioner,
    *
    MEMORANDUM
    v.
    ERIC H. HOLDER Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted January 11, 2010 **
    Before:        BEEZER, TROTT, and BYBEE, Circuit Judges.
    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
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes that this case is suitable for
    decision without oral argument. See Fed. R. App. P. 34(a)(2).
    TL/Research
    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, 
    358 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 Lozada, 19 I. & N. Dec. 637 (BIA 1988). See 
    Reyes, 358 F.3d at 597-98
    .
    PETITION FOR REVIEW DENIED.
    TL/Research                               2                                   07-72879
    

Document Info

Docket Number: 07-72879

Citation Numbers: 362 F. App'x 803

Filed Date: 1/21/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023