Miranda Siassi Moghadam 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NOT FOR PUBLICATION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
MIRANDA SIASSI MOGHADAM,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73668
Agency No. A045-647-788
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Miranda Siassi Moghadam, a native and citizen of Iran, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her motion to reconsider a prior order
FILED
APR 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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denying a motion to reopen based on ineffective assistance of counsel. Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reconsider and review de novo constitutional claims.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
The agency did not abuse its discretion by denying Siassi Moghadam’s
motion to reconsider on the ground that she failed to establish prejudice, where she
did not present any evidence that the state criminal court ever recalculated her
sentence. See id. at 793-94; 8 U.S.C. § 1101(a)(48)(B) (“Any reference to a term
of imprisonment or a sentence with respect to an offense is deemed to include the
period of incarceration or confinement ordered by a court of a law ....”) (emphasis
added).
We lack jurisdiction to review Siassi Moghadam’s remaining contentions
because she failed to exhaust them before the BIA. See Barron v. Ashcroft, 358
F.3d 674, 678 (9th Cir. 2004).
Counsel Tamiko O. Moore’s motion to withdraw as counsel on behalf of
petitioner is granted. Court records shall be amended to reflect that Miranda Siassi

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Moghadam, located at 550 Montgomery Street, Suite 400, San Francisco, CA
94111 is representing herself.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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