U.S. Court of Appeals for the Ninth Circuit, 2010

Martinez-Velasco v. Holder

Martinez-Velasco v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 7, 2010 · Canby, Thomas, Fletcher
382 F. App'x 589

Martinez-Velasco v. Holder

Opinion

MEMORANDUM **

Bernardo Martinez-Velasco and Tomasa Martinez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motions to reopen and reconsider removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion denials of motions to reopen and reconsider, and we review de novo claims of due process violations in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s February 2, 2006, order denying petitioners’ cancellation of removal because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

We also lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reconsider proceedings under 8 C.F.R. § 1003.2(b). See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002).

The BIA did not abuse its discretion in denying petitioners’ motion to reopen based on ineffective assistance of counsel because petitioners failed to establish that former counsel provided them with ineffective assistance, see Mohammed, 400 F.3d at 793-94, and failed to establish that former counsel’s representation resulted in *590 prejudice, see Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (petitioner must demonstrate prejudice to prevail on an ineffective assistance of counsel claim).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

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

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