Nazario Nolasco-Alonzo v. Loretta E. Lynch

631 F. App'x 490

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 27, 2016
• Docket: 14-70363
• Status: Unpublished

Opinion

MEMORANDUM **

Nazario Nolasco-Alonzo, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings on the basis of ineffective assistance of counsel. 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 (9th Cir.2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying Nolasco-Alonzo’s motion to reopen alleging ineffective assistance of counsel, where Nolasco-Alonzo did not comply with the procedural 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 Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir.2004).

Because the BIA’s determination that Nolasco-Alonzo failed to comply with the threshold requirements to bring an ineffective assistance of counsel claim is disposi- tive, we need not reach his contentions regarding his underlying conviction. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir.2004) (“As a general rule courts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach.”).

PETITION FOR REVIEW DENIED.

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