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Horvath v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 275 (9th Cir. 2012)

Opinion

No. 11-70002 Agency No. A029-456-331

10-15-2012

KATALIN EVA HORVATH, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Katalin Eva Horvath, a native and citizen of Hungary, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's ("IJ") denial of her motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and de novo questions of law and constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The agency did not abuse its discretion in denying Horvath's motion to reopen for failure to show ineffective assistance of counsel where her former counsel requested relief under sections 212(c) and (h), and where Horvath failed to show eligibility for such relief. Id. at 793-94 (a petitioner must show incompetence and establish prejudice to prevail on an ineffective assistance claim); Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054-55 (9th Cir. 2005) (amendment of the definition of aggravated felony applies to convictions entered "before, on, or after" Illegal Immigration Reform and Immigrant Responsibility Act of 1996's enactment date).

Horvath's contention that her removal would violate international law is unavailing. Padilla-Padilla v. Gonzales, 463 F.3d 972, 979-80 (9th Cir. 2006).

Horvath's equal protection claim is foreclosed by Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1122-23 (9th Cir. 2002).

Horvath's remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.


Summaries of

Horvath v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 275 (9th Cir. 2012)
Case details for

Horvath v. Holder

Case Details

Full title:KATALIN EVA HORVATH, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 275 (9th Cir. 2012)