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No. 8630706
United States Court of Appeals for the Ninth Circuit
Davarzan v. Gonzales
No. 8630706 · Decided April 27, 2007
No. 8630706·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 27, 2007
Citation
No. 8630706
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Hossian Davarzan, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings due to ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the IJ’s denial of a motion to reopen for abuse of discretion, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir.2004), and we deny the petition for review. The IJ did not abuse his discretion in denying the motion to reopen for failure to comply with the requirements set forth in Matter ofLozada, 19 I. & N. Dec. 637, 639 (BIA 1988), where Davarzan did not provide an affidavit to support his claim and the ineffective assistance is not plain on the face of the record. See Reyes v. Ashcroft, 358 F.3d at 597-98 . Davarzan’s remaining contentions are unpersuasive. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Hossian Davarzan, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings due
Key Points
01MEMORANDUM ** Hossian Davarzan, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings due
02We review the IJ’s denial of a motion to reopen for abuse of discretion, Reyes v.
03Ashcroft, 358 F.3d 592, 595 (9th Cir.2004), and we deny the petition for review.
04The IJ did not abuse his discretion in denying the motion to reopen for failure to comply with the requirements set forth in Matter ofLozada, 19 I.
Frequently Asked Questions
MEMORANDUM ** Hossian Davarzan, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings due
FlawCheck shows no negative treatment for Davarzan v. Gonzales in the current circuit citation data.
This case was decided on April 27, 2007.
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