Shah Nazrul v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Joan H. Lefkow, United States District Judge for the***
Northern District of Illinois, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAH NAZRUL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-75197
Agency No. A071-577-985
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 4, 2010**
Pasadena, California
Before: O’SCANNLAIN and TALLMAN, Circuit Judges, and LEFKOW, ***
District Judge.
FILED
MAY 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-75197 2
Shah Nazrul, a native and citizen of Bangladesh, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reissue the
BIA’s prior order due to ineffective assistance of counsel. We have jurisdiction
under 8 U.S.C. § 1252. We review the BIA’s denial of a motion to reopen for
abuse of discretion, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we
deny the petition for review.
The BIA did not abuse its discretion in denying Nazrul’s motion to reopen
for failure to comply with the requirements set forth in Matter of Lozada, 19
I. & N. Dec. 637, 639 (BIA 1988), where Nazrul failed to file a state bar complaint
or include evidence that he informed his attorney of the allegations against him,
and the ineffective assistance is not plain on the face of the record. See Reyes, 358
F.3d at 597–99.
PETITION FOR REVIEW DENIED.

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