Reina Benites Armenta 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
REINA BENITES ARMENTA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73430
Agency No. A095-304-099
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Reina Benites Armenta, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen.
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73430 2
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
The BIA did not abuse its discretion in denying Armenta’s motion to reopen,
where Armenta failed to comply with the threshold requirements set forth in
Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), and the ineffective
assistance she alleges is not plain on the face of the record. See Reyes v. Ashcroft,
358 F.3d 592, 596-99 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.

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