According Chevron deference to the BIA’s decision, the Fifth Circuit held that the BIA did not err in denying the petitioner’s motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal.

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Court Finds Petitioner’s Failure to Brief Her Ineffective Assistance of Counsel Claim Constituted Waiver of the Claim