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No. 7215242
United States Court of Appeals for the Ninth Circuit
Mariano v. Ashcroft
No. 7215242 · Decided March 22, 2002
No. 7215242·Ninth Circuit · 2002·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 22, 2002
Citation
No. 7215242
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Nilo Venturillo Mariano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on inef *577 fective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(1). We review for abuse of discretion the denial of a motion to reopen. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). We conclude that the BIA did not abuse its discretion because Mariano failed to satisfy the requirements of Matter of Lozada, 19 I. & N. Dec. 637 (BIA 1988), and because this case does not involve an egregious set of facts. Cf. Castillo-Perez v. INS, 212 F.3d 518, 525-26 (9th Cir.2000). PETITION DENIED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM *** Nilo Venturillo Mariano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on inef *577 fective assistance
Key Points
01MEMORANDUM *** Nilo Venturillo Mariano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on inef *577 fective assistance
02We review for abuse of discretion the denial of a motion to reopen.
03We conclude that the BIA did not abuse its discretion because Mariano failed to satisfy the requirements of Matter of Lozada, 19 I.
04637 (BIA 1988), and because this case does not involve an egregious set of facts.
Frequently Asked Questions
MEMORANDUM *** Nilo Venturillo Mariano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings based on inef *577 fective assistance
FlawCheck shows no negative treatment for Mariano v. Ashcroft in the current circuit citation data.
This case was decided on March 22, 2002.
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