United States Fourth Circuit

Denial of motion to reopen by BIA is affirmed where petitioner: 1) relies on evidence that was available in her initial deportation proceeding; and 2) did not comply with the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), in asserting her ineffective assistance of counsel claim.

Appellate Information

• Argued 03/15/2006
• Decided 04/19/2006
• Published 04/19/2006

Judges

• Before MICHAEL, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Danielle L.C. Beach-Oswald, Noto & Oswald, P.C., Washington, D.C., for Petitioner.  Kristin Kay Edison, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle E. Gorden, Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.