The Ninth Circuit Court of Appeals today released an opinion in GRANADOS-OSEGURA v. GONZALES, No. 03-73030, an administrative appeal. The panel consisted of Betty B. Fletcher, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.
B. FLETCHER, Circuit Judge:
I. Mariano Granados-Oseguera petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance of an Immigration Judge’s (IJ’s) denial of cancellation of removal as well as the BIA’s denial of his motion to reopen proceedings to allow him to apply for adjustment of status. We deny Granados-Oseguera’s petition as to his equal protection claim based on a claim of disparate treatment of different classes of aliens; it does not violate Petitioner’s equal protection rights to treat aliens permitted voluntarily to depart differently from aliens not eligible for voluntary departure with respect to the amount of time in which they may file a motion to reopen proceedings. De Martinez v. Ashcroft, 374. . .
CALLAHAN, Circuit Judge, dissenting:
I concur with my colleagues’ rejection of GranadosOseguera’s equal protection claim. I must dissent, however, from their expansion of our jurisdiction — in contravention of our precedents — to reach an ineffective assistance of counsel claim that has never been raised before the Board of Immigra. . .