Jesus Martin Ruiz-Ochoa v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS MARTIN RUIZ-OCHOA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74787
Agency No. A096-107-794
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Jesus Martin Ruiz-Ochoa, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) order finding him removable. We have jurisdiction
FILED
FEB 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NHY/Research 07-74787 2
under 8 U.S.C. § 1252. We review de novo whether a petitioner’s right to counsel
was violated. Mendoza-Mazariegos v. Mukasey, 509 F.3d 1074, 1079 (9th Cir.
2007). We deny the petition for review.
Ruiz-Ochoa was not denied his right to counsel because he knowingly and
voluntarily waived his right to counsel when he affirmatively asked the IJ to
proceed with his bond determination without counsel after the IJ had offered to
continue his hearing for a third time in order to secure counsel. See Biwot v.
Gonzales, 403 F.3d 1094, 1100 (9th Cir. 2005) (“[A]n alien cannot appear pro se
without a knowing a voluntary waiver of the right to counsel.”).
PETITION FOR REVIEW DENIED.

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