Juan Bermudez-Melendez v. Eric H. Holder Jr., No. 08-75221 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JUAN JOSE BERMUDEZ-MELENDEZ, Petitioner, No. 08-75221 Agency No. A070-776-150 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Juan Jose Bermudez-Melendez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s order denying his motion to reopen and rescind a deportation order entered in absentia. Our jurisdiction is governed by 8 * 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). U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for review. The agency did not abuse its discretion in denying Bermudez-Melendez s motion to reopen on the ground that he failed to establish exceptional circumstances based on notary advice. See 8 U.S.C. § 1252b(c)(3)(A); Hernandez v. Mukasey, 524 F.3d 1014, 1020 (9th Cir. 2008) (reliance on the advice of a nonattorney cannot form the basis of an ineffective assistance of counsel claim). We lack jurisdiction to consider Bermudez-Melendez s contention that the BIA should have exercised its sua sponte authority to reopen proceedings. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 08-75221

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.