Rodriguez Zenteno v. Holder
February 28, 2010
**Motion to remand, IAC**
The BIA did not abuse its discretion in denying Petitioners’ motion to remand due to ineffective assistance of counsel because they failed to comply with the Lozada requirements and the ineffective assistance they allege is not plain on the face of the record. It follows that Petitioners’ due process claim fails. The BIA did not abuse its discretion in denying Petitioners’ motion to remand to introduce evidence because the BIA considered the evidence they submitted and acted within its broad discretion in determining that it was insufficient to warrant reopening.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/02/26/07-75059.pdf
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