Miguel Orozco-Granados v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION OCT 15 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MIGUEL ANGEL OROZCO- No. 10-70077 GRANADOS,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