Umarov v. Holder

386 F. App'x 708

Opinion

MEMORANDUM **

Marat Ginayatovich Umarov, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ order denying his motion to reopen proceedings based on 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, and we review de novo questions of law, including claims of ineffective assistance of counsel. Hernandez v. Mukasey, 524 F.3d 1014, 1017 (9th Cir.2008). We deny the petition for review.

Umarov’s contention that an acquaintance whom he knew not to be a lawyer provided him with ineffective assistance of counsel is foreclosed by Hernandez, 524 F.3d at 1020 (holding that knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in a removal proceeding). His due process contention therefore fails. See id.

PETITION FOR REVIEW DENIED.

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