Artemia Martinez Meza v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 28 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARTEMIA MARTINEZ-MEZA, No. 20-70577 Petitioner, Agency No. A079-287-473 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 25, 2022** Pasadena, California Before: TASHIMA, WATFORD, and FRIEDLAND, Circuit Judges. Artemia Martinez-Meza, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying her motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252, and we review the decision for an abuse of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discretion. We deny the petition. The BIA’s denial of Martinez-Meza’s motion did not constitute an abuse of discretion. In general, a movant seeking reopening based on ineffective assistance of counsel grounds must substantially comply with the procedural requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988). Reyes v. Ashcroft, 358 F.3d 592, 596 (9th Cir. 2004). When “[t]he face of the record shows a clear and obvious case of ineffective assistance of counsel,” however, the Lozada requirements are not dispositive. Castillo-Perez v. INS, 212 F.3d 518, 526 (9th Cir. 2000). Here, it is undisputed that Martinez-Meza did not comply with the Lozada requirements. And, despite her suggestion to the contrary, ineffective assistance of counsel is not clear from the face of the record. Thus, the BIA did not err in denying her motion for failure to comply with Lozada. PETITION DENIED. 2 20-70577 Court of Appeals for the Ninth Circuit ca9 9th Cir. Artemia Martinez Meza v. Merrick Garland 28 July 2022 Agency Unpublished f2b05f909e63425b970661e89b6093d1ba06dd88

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