Angelica Martinez v. Eric H. Holder Jr.
Angelica Martinez v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Angelica Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 claims of due process violations in immigration proceedings. Mohammed v. Gonzales, 400 *605 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion by denying Martinez’s motion to reopen on the ground that she failed to establish prejudice. See id. at 793 (requiring prejudice to state valid claim of ineffective assistance of counsel). It follows that the denial of Martinez’s motion to reopen did not violate due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).
PETITION 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.