Amaya v. Mukasey

MEMORANDUM *

Victor Amaya petitions for review of a decision by the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

Amaya argues the BIA’s refusal to accept his untimely brief violated his Fifth Amendment right to due process and amounted to an abuse of discretion. Even if we were to presume deficient performance by counsel and to presume prejudice, Amaya must show “some plausible…