Zamora-Garcia v. Gonzales , 161 F. App'x 397 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 5, 2006
Charles R. Fulbruge III
Clerk
No. 04-60255
Summary Calendar
ARACELY ZAMORA-GARCIA,
Petitioner,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A37 005 740
--------------------
Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Aracely Zamora-Garcia, a citizen of Mexico, has filed a
petition seeking review of the Board of Immigration Appeals
(“BIA”) decision dismissing her appeal of the immigration judge’s
(“IJ”) decision to deny her application for cancellation of
removal as untimely. Because Zamora-Garcia’s petition for
initial hearing en banc does not meet the requirements set forth
in FED. R. APP. P. 35(b), that petition is DENIED. Respondent’s
motion for summary disposition and Zamora-Garcia’s motion to
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-60255
-2-
strike respondent’s motion are DENIED. Further briefing,
however, is not necessary.
Zamora-Garcia argues that the BIA and IJ had a duty to
protect her from the alleged ineffectiveness of her accredited
representative (“AR”). We are unaware of and Zamora-Garcia does
not cite any authority which supports or forms a basis for her
argument. Zamora-Garcia also argues that the BIA erred by
rejecting her ineffective-assistance claim. Because Zamora-
Garcia’s claim did not implicate the violation of a due process
right, the BIA did not err in denying her claim for lack of
prejudice. See Mireles-Valdez v. Ashcroft, 349 F.3d 213, 214-15
(5th Cir. 2003). Accordingly, Zamora-Garcia’s petition for
review is denied.
PETITION FOR REVIEW DENIED; PETITION FOR INITIAL HEARING EN
BANC, MOTION FOR SUMMARY DISPOSITION, AND MOTION TO STRIKE MOTION
FOR SUMMARY DISPOSITION DENIED.