Penaloza-Alcantar v. Holder
Penaloza-Alcantar v. Holder
Opinion of the Court
MEMORANDUM
In these consolidated petitions for review, Ignacio Penaloza-Alcantar, his wife Maria Guadalupe Ortuno-Ramos, and their daughter Gloria Penaloza-Ortuno, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
In the opening brief, petitioner Gloria Penaloza-Ortuno does not challenge the agency’s finding that she is ineligible for cancellation of removal because she lacks a qualifying relative. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived).
We agree with the BIA’s conclusion in its July 19, 2006, order denying the motion to remand that petitioners presented insufficient evidence to establish prejudice, and thus their claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (to prevail on an ineffective assistance of counsel claim a petitioner must demonstrate prejudice).
Petitioners fail to address, and therefore have waived any challenge to, the BIA’s November 30, 2006, decision denying reconsideration. See Martinez-Serrano, 94 F.3d at 1259-60.
PETITIONS FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.