Lidia Velasquez-Cifuente v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION DEC 26 2013

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIDIA MARLENE VELASQUEZ- No. 10-70145
CIFUENTE,
Agency No. A074-803-757
Petitioner,

v. MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted December 17, 2013**

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

Lidia Marlene Velasquez-Cifuente, a native and citizen of Guatemala,

petitions for review of the Board of Immigration Appeals’ order dismissing her

appeal from an immigration judge’s decision denying her 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 this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
removal proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252.

We review for abuse of discretion the 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 agency did not abuse its discretion in denying Velasquez-Cifuente’s

motion to reopen where she failed to establish lack of proper notice. See 8 U.S.C.

§ 1229a(b)(5)(A), (c)(ii); cf. Dobrota v. INS, 311 F.3d 1206, 1211 (9th Cir. 2002)

(agency “may generally satisfy notice requirements by mailing notice of the

hearing to an alien . . . , or, if she is represented, to her attorney’s address of

record.”).

The agency also did not abuse its discretion in denying Velasquez-

Cifuente’s motion to reopen based on ineffective assistance of counsel where she

failed to comply with the threshold requirements of Matter of Lozada, 19 I. & N.

Dec. 637 (BIA 1988), and the alleged ineffective assistance was not “plain on the

face of the administrative record.” See Castillo-Perez v. INS, 212 F.3d 518, 525

(9th Cir. 2000).

PETITION FOR REVIEW DENIED.

2 10-70145