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

Hilda Juan Martinez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided September 1, 2010 · Leavy, Hawkins, Ikuta

394 F. App'x 386

Counsel

Hilda Juan Martinez, Los Angeles, CA, pro se., Eric Warren Marsteller, Esquire, Trial, Daniel Eric Goldman, Esquire, Senior Litigation Counsel, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Hilda Juan Martinez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings 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 review de novo constitutional questions, 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 Martinez’s motion to reopen because she failed to establish that her former attorney’s alleged ineffective assistance resulted in prejudice. See id. at. 793-94 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice).

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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