Zia Ahmed 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZIA AHMED,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-72769
Agency No. A079-526-129
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Zia Ahmed, a native and citizen of Bangladesh, petitions for review of the
Board of Immigration Appeals’ order summarily dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to reopen alleging
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen, and de novo claims
of due process violations, including claims of ineffective assistance of counsel in
immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005). We deny the petition for review.
Ahmed has waived any challenge to the IJ’s dispositive decision to deny his
motion to reopen as a matter of discretion by failing to raise any contentions
regarding it. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996);
see also 8 C.F.R. § 1003.23(b)(3) (IJ “has discretion to deny a motion to reopen
even if the moving party has established a prima facie case for relief.”).
Ahmed’s due process claim is unavailing.
PETITION FOR REVIEW DENIED.

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