181970P.pdf   08/19/2019  Ibrahim Mwangi  v.  William P. Barr
   U.S. Court of Appeals Case No:  18-1970
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Loken, Author, with Wollman and Stras, Circuit Judges] 
   Petition for Review - Immigration. The BIA is not required to grant an 
   unopposed motion to reopen as the burden is always on petitioner to 
   establish entitlement to reopening and there is no statutory or regulatory 
   requirement that the government file an opposition; the BIA did not abuse 
   it discretion in concluding petitioner failed to show that his former 
   counsel's incompetence prejudiced his asylum and withholding of removal 
   claims;the BIA did not abuse its discretion in finding petitioner was not 
   entitled to equitably toll the 90-day deadline for filing a motion to 
   reopen; the BIA did not abuse its discretion or commit an error of law by 
   not explicitly addressing whether petitioner's former counsel's conduct 
   violated petitioner's right to due process as there is no constitutional 
   right to effective assistance of counsel in a removal proceeding. Judge 
   Stras, concurring in part and concurring in the judgment.