Cruz-Santos v. Holder , 383 F. App'x 613 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 10 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ERICK ALEXANDER CRUZ-SANTOS, No. 08-70529
Petitioner, Agency No. A099-670-596
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Erick Alexander Cruz-Santos, a native and citizen of El Salvador, petitions
pro se for review of the Board of Immigration Appeals’ order affirming without
opinion an immigration judge’s order denying his motion to reopen removal
proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen, Reyes v. Ashcroft,
358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review.
The agency acted within its discretion in determining that Cruz-Santos did
not establish an exceptional circumstance to warrant reopening because he failed
to comply with the requirements set forth in Matter of Lozada, 19 I. & N. Dec.
637, 639 (BIA 1988), where he did not file a state bar complaint or include
sufficient evidence that he had informed the attorney of the allegations against him,
and the ineffective assistance is not plain on the face of the record. See Reyes, 358
F.3d at 597-99.
PETITION FOR REVIEW DENIED.
2 08-70529