U.S. Court of Appeals for the Ninth Circuit, 2009

Vazquez-Mendoza v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided July 1, 2009 · Paez, Smith, Tallman

328 F. App'x 438

Counsel

Rosaura Del Carmen Rodriguez, Rios Cantor, P.S., Seattle, WA, for Petitioner., Kiley L. Kane, Esquire, Trial, Brooke Maurer, Trial, John Hogan, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Esquire, Immigration and Naturalization Service Office of the District Counsel, Seattle, WA, for Respondent.

Opinion of the Court

MEMORANDUM **

Aurora Carolina Vazquez-Mendoza, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction pursuant to 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 Vazquez-Mendoza failed to show she was prejudiced by her former representative’s performance. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (presumption of prejudice rebutted where alien could not demonstrate plausible grounds for relief).

Vazquez-Mendoza’s contention that the BIA utilized the incorrect prejudice standard is unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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