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NOT FOR PUBLICATION JAN 21 2010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