Ulda C. Berretta 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NOT FOR PUBLICATION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
ULDA C. BERRETTA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72504
Agency No. A077-960-639
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Ulda C. Berretta, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand,
and dismissing her appeal from an immigration judge’s decision denying her
motion to terminate proceedings and ordering her removed. We have jurisdiction
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72504 2
under 8 U.S.C. § 1252. We review the BIA’s denial of a motion to remand for
abuse of discretion, Movsisian v. Ashcroft, 395 F.3d 1095, 1097-98 (9th Cir. 2005),
and we deny the petition for review.
The BIA did not abuse its discretion in denying Berretta’s motion to remand,
where she failed to comply with the 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, 597-99 (9th
Cir. 2004).
PETITION FOR REVIEW DENIED.

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