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Daniel Maingi KINGOO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-04-19No. No. 09-71203
472 F. App'x 675

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Opinion

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MEMORANDUM

Daniel Maingi Kingoo, a native and citizen of Kenya, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s decision, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005), and we deny the petition for review.

The agency did not abuse its discretion in denying Kingoo’s motion to reopen because Kingoo did not comply with the threshold requirements of Matter of Lazada, 19 I. & N. Dec. 637 (BIA 1988), at the time he filed his motion with the IJ, and the alleged ineffective assistance was not “plain on the face of the administrative record.” Castillo-Perez v. INS, 212 F.3d 518, 525 (9th Cir.2000).

In light of our disposition, we need not reach Kingoo’s remaining contentions.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.