Muyubisnay-Cungachi v. Holder, No. 12-2353 (1st Cir. 2013)
Annotate this CaseAfter removal proceedings were instituted against Petitioner, a native and citizen of Ecuador, Petitioner conceded his removability but applied for withholding of removal and for protection under the Convention Against Torture. In support, Petitioner claimed his unfavorable financial prospects in Ecuador made him fearful of returning against his native country. The immigration judge (IJ) denied relief, and the Board of Immigration Appeals (BIA) affirmed. Petitioner subsequently filed a motion to reopen, which the BIA denied. Petitioner filed a motion requesting that the BIA reconsider its decision rejecting his claim of persecution as well as a second motion to reopen, alleging ineffective assistance of his prior counsel. The BIA denied both motions. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not abuse its discretion in (1) denying Petitioner's motion for reconsideration where the BIA correctly found that Petitioner did not allege grounds for withholding of removal. and (2) denying Petitioner's second motion to reopen because Petitioner did not carry his burden of demonstrating ineffective assistance of counsel.
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