FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MIGUEL ANGEL OROZCO- No. 10-70077
GRANADOS, a.k.a. Miguel Orozco,
Agency No. A072-341-196
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Miguel Angel Orozco-Granados, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to remand and dismissing his appeal from an immigration judge’s removal
*
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).
order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to remand, Cano-Merida v. INS, 311 F.3d 960,
964 (9th Cir. 2002), and we deny the petition for review.
The BIA did not abuse its discretion in rejecting Orozco-Granados’s
ineffective assistance of counsel claim where he failed to comply with the
threshold requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637 (BIA
1988), and the ineffective assistance he alleges is not plain on the face of the
record. See Azanor v. Ashcroft, 364 F.3d 1013, 1023 (9th Cir. 2004) (failure to
comply with Lozada is significant where the facts underlying petitioner’s claim are
not plain on the face of the record).
In light of our disposition, we need not address petitioner’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 10-70077