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HERNANDEZ-MORAN v. GONZALES

No. 04-1317.

408 F.3d 496 (2005)

Luciano HERNANDEZ-MORAN, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2005.

Attorney(s) appearing for the Case

Miryam Antunez De Mayolo, Waterloo, IA, for appellant.

James A. Hunolt, Dept. of Justice, Washington, D.C, for appellee.

Before LOKEN, Chief Judge, RILEY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Luciano Hernandez-Moran appeals from the Board of Immigration Appeals ("BIA") denial of his motion to reopen. For reversal, Hernandez argues that his Fifth Amendment due process rights were violated because his counsel was ineffective. We affirm.

I. Background

Hernandez-Moran was a 66-year-old citizen of El Salvador who had been living in the United States for 34 years. He only speaks Spanish, has no convictions, and...

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