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No. 8669125
United States Court of Appeals for the Ninth Circuit
El Mouhtaj v. Mukasey
No. 8669125 · Decided April 21, 2008
No. 8669125·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 21, 2008
Citation
No. 8669125
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen. Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). To reopen his case, petitioner needs to show ineffective assistance of counsel, which requires petitioner to establish “plausible grounds for relief.” Siong v. INS, 376 F.3d 1030, 1038 (9th Cir.2004). However, there is no evidence in the administrative record that supports petitioner’s asylum, withholding of removal or Convention Against Torture claims, because the transcripts of petitioner’s hearing before the IJ and of the IJ’s oral decision weren’t included in the administrative record. The BIA explicitly told petitioner that such transcripts wouldn’t be prepared, unless he “address[ed] the need for a transcript in [his] argument to the [BIA].” Petitioner, though, didn’t raise this issue before the BIA. PETITION 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 ** The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen.
Key Points
01MEMORANDUM ** The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen.
02To reopen his case, petitioner needs to show ineffective assistance of counsel, which requires petitioner to establish “plausible grounds for relief.” Siong v.
03However, there is no evidence in the administrative record that supports petitioner’s asylum, withholding of removal or Convention Against Torture claims, because the transcripts of petitioner’s hearing before the IJ and of the IJ’s oral de
04The BIA explicitly told petitioner that such transcripts wouldn’t be prepared, unless he “address[ed] the need for a transcript in [his] argument to the [BIA].” Petitioner, though, didn’t raise this issue before the BIA.
Frequently Asked Questions
MEMORANDUM ** The BIA didn’t abuse its discretion in denying petitioner’s motion to reopen.
FlawCheck shows no negative treatment for El Mouhtaj v. Mukasey in the current circuit citation data.
This case was decided on April 21, 2008.
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