El Mouhtaj v. Mukasey

Ninth Circuit

El Mouhtaj v. Mukasey

274 F. App'x 580

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 21, 2008

DocketNo. 05-72194

StatusPublished

This text of 274 F. App'x 580 (El Mouhtaj v. Mukasey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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El Mouhtaj v. Mukasey, 274 F. App'x 580 (9th Cir. 2008).

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Opinion

MEMORANDUM

**

The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen. Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). To reopen his case, petitioner needs to show ineffective assistance of counsel, which requires petitioner to establish “plausible grounds for relief.” Siong v. INS, 376 F.3d 1030, 1038 (9th Cir.2004). However, there is no evidence in the administrative record that supports petitioner’s asylum, withholding of removal or Convention Against Torture claims, because the transcripts of petitioner’s hearing before the IJ and of the IJ’s oral decision weren’t included in the administrative record. The BIA explicitly told petitioner that such transcripts wouldn’t be prepared, unless he “address[ed] the need for a transcript in [his] argument to the [BIA].” Petitioner, though, didn’t raise this issue before the BIA.

PETITION DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen. Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). To reopen his case, petitioner needs to show ineffective assistance of counsel, which requires petitioner to establish “plausible grounds for relief.” Siong v. INS, 376 F.3d 1030, 1038 (9th Cir.2004). However, there is no evidence in the administrative record that supports petitioner’s asylum, withholding of removal or Convention Against Torture claims, because the transcripts of petitioner’s hearing before the IJ and of the IJ’s oral decision weren’t included in the administrative record. The BIA explicitly told petitioner that such transcripts wouldn’t be prepared, unless he “address[ed] the need for a transcript in [his] argument to the [BIA].” Petitioner, though, didn’t raise this issue before the BIA.

PETITION DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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274 F. App'x 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/el-mouhtaj-v-mukasey-ca9-2008.

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