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

Zhiqiang Zhou v. Eric H. Holder Jr.

Zhiqiang Zhou v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 12, 2010 · Alarcón, Leavy, Graber
386 F. App'x 732

Zhiqiang Zhou v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Domingo Mario Vargas and Silvia Sanchez-AIvarez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen 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 de novo questions of law, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying the petitioners’ motion to reopen because the petitioners failed to present an ineffective assistance of counsel claim against attorneys who represented them before the agency. See id. at 793. Further, the petitioners failed to show that they were prejudiced by their former counsel’s actions. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th Cir. 2003) (requiring prejudice to prevail in 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.

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