Chab Alvarado v. Ashcroft
Opinion of the Court
MEMORANDUM
Flor Aejandra Chab Alvarado and her minor son Aejandro Ruiz Chab, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”) denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition.
Petitioners contend that counsel Huang’s failure to file an appeal brief constitutes ineffective assistance of counsel. This contention fails because Petitioners have not presented any “plausible grounds” that they are entitled to cancellation of removal. They have not challenged the immigration judge’s conclusions that Petitioners failed to establish the requisite physical presence in the United States or exceptional and extremely unusual hardship to the lead petitioner’s minor United States citizen daughter. See Rojas-Garda v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003). Thus, Petitioners failed to demonstrate the requisite prejudice, and the ineffective assistance of counsel claim fails. See id.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Flor Alejandra CHAB ALVARADO v. John ASHCROFT, Attorney General
- Status
- Published