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Sosa v. Ashcroft

United States Court of Appeals, Ninth Circuit
Oct 29, 2003
79 F. App'x 348 (9th Cir. 2003)

Opinion

Submitted August 7, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals. INS No. A75-666-348.

Raul E. Godinez, Law Office of Raul E. Godinez, Los Angeles, CA, for Petitioner.

Western Region, Immigration & Naturalization Service, Laguna Niguel, CA, Los Angeles District Counsel, Los Angeles, CA, Ronald E. LeFevre, Chief Legal, Officer, Office of the District Counsel, Department of Homeland Security San Francisco, CA, Edward C. Durant, Esq., U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Linda S. Wendtland, Esq., DOJ--U.S. Department of Justice, Washington, DC, for Respondent.


Before: KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.

The Honorable Jane A. Restani, United States Court of International Trade, sitting by designation.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Jorge Morales Sosa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from an immigration judge's ("IJ") order of voluntary departure. We deny the petition.

The BIA's dismissal was proper because Sosa waived his right to appeal during proceedings before the IJ and did not demonstrate that his waiver was invalidated by prejudice resulting from ineffective assistance of counsel. See United States v. Velasco-Medina, 305 F.3d 839, 848 (9th Cir.2002).

PETITION DENIED.


Summaries of

Sosa v. Ashcroft

United States Court of Appeals, Ninth Circuit
Oct 29, 2003
79 F. App'x 348 (9th Cir. 2003)
Case details for

Sosa v. Ashcroft

Case Details

Full title:Jorge Morales SOSA, Petitioner, v. John ASHCROFT, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 29, 2003

Citations

79 F. App'x 348 (9th Cir. 2003)