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DEBEATHAM v. HOLDER

No. 09-0205-ag.

602 F.3d 481 (2010)

Winston Andrew DEBEATHAM, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2010.

Attorney(s) appearing for the Case

Jennifer Oltarsh, Oltarsh & Associates, P.C., New York, NY, for petitioner.

Yanal Yousef, Trial Attorney, Office of Immigration Litigation (Tony West, Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Office of Immigration Litigation, on the brief), Civil Division, U.S. Department of Justice, Washington, D.C., for respondent.

Before MINER, CABRANES, and WESLEY, Circuit Judges.

PER CURIAM:

Petitioner Andrew Debeatham ("petitioner" or "Debeatham"), a native and citizen of Jamaica, seeks review of a December 15, 2008 decision of the Board of Immigration Appeals ("BIA") denying his motion to reopen his removal proceedings. Petitioner argues, as he did before the BIA, that he is entitled to reopening based on the ineffective assistance of his prior counsel. We hold that petitioner failed to comply with the requirements of In re Lozada,

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