United States Seventh Circuit

Petition for review of BIA denial of petitioner's motion to reopen her removal proceeding on the basis of ineffective assistance of counsel is dismissed for lack of jurisdiction where: 1) the allegation of ineffective assistance was not an allegation of violation of a constitutional right; 2) appellate review of the petition was therefore limited to review of questions of law; and 3) the BIA's determination that petitioner was not prejudiced by her lawyer's failures was a factual one.

Appellate Information

• Argued 08/05/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• POSNER, Circuit Judge., Before POSNER, COFFEY, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paul I. Djurisic (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner.


• For Appellees:
  
• Shahrzad Baghai (argued), Department of Justice, Civil Div., Immigration Litigation, Washington, DC, for Respondent.