Agustin Pescador Procel v. Eric H. Holder Jr., No. 08-72328 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 26 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT AGUSTIN PESCADOR PROCEL, Petitioner, No. 08-72328 Agency No. A075-702-538 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN and BEA, Circuit Judges. Agustin Pescador Procel, 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 based on ineffective assistance of counsel. We have * 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). jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and review de novo constitutional questions, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 79192 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Procel s motion to reopen because he did not comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), and the alleged ineffective assistance is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004). PETITION FOR REVIEW DENIED. 2 08-72328

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