CA1: no two bites at the immigration apple

Molina de Massenet v. Gonzales, No. 06-1610.  This case involves the denial of a motion to reopen removal proceedings.  The IJ had noted that this petitioner had previously filed an I-751 petition, “which is a petition to remove a resident alien's conditional status,” but it was rejected because of an admittedly fraudulent marriage.  It seems that the petitioner had been ordered removed (albeit voluntarily) once, then tried to start the process a second time, and made some claim of ineffective assistance.  A due process argument also fails.  Of some note for immigration-types is this dicta:

...it may be that the BIA recognizes circumstances in which an individual can file an I-751 seeking a hardship waiver, even though her conditional resident status has previously been terminated. See In re Stowers, 22 I. & N. Dec. 605, 611-13 (BIA 1999). However, it is not clear that Stowers would permit the filing of a second I-751 after an alien's first petition had been finally rejected on the basis of marriage fraud.