Castillo-Vargas v. Holder
Opinion
MEMORANDUM **
Ruben Castillo-Vargas and Ana Luz Cabanas-Esteban, husband and wife and nafives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law, including claims of due process violations due to ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
We agree with the BIA that the performance of petitioners’ former counsel did not result in prejudice, and thus petitioners’ claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (petitioner must show prejudice to prevail on an ineffective assistance of counsel claim).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Ruben CASTILLO-VARGAS; Ana Luz Cabanas-Esteban, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent
- Status
- Unpublished