FILED
JUL 09 2010
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARAT GINAYATOVICH UMAROV, No. 08-70056
Petitioner, Agency No. A095-306-563
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY and GRABER, Circuit Judges.
Marat Ginayatovich Umarov, a native and citizen of Russia, petitions for
review of the Board of Immigration Appeals’ order denying his motion to reopen
proceedings 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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reopen, and we review de novo questions of law, including claims of ineffective
assistance of counsel. Hernandez v. Mukasey, 524 F.3d 1014, 1017 (9th Cir.
2008). We deny the petition for review.
Umarov’s contention that an acquaintance whom he knew not to be a lawyer
provided him with ineffective assistance of counsel is foreclosed by Hernandez,
524 F.3d at 1020 (holding that knowing reliance upon the advice of a non-attorney
cannot support a claim for ineffective assistance of counsel in a removal
proceeding). His due process contention therefore fails. See id.
PETITION FOR REVIEW DENIED.
2 08-70056