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

Sergio Olea Reynoso v. Eric H. Holder Jr.

Sergio Olea Reynoso v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided November 23, 2010 · Tashima, Berzon, Clifton
405 F. App'x 102

Sergio Olea Reynoso v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Sergio Olea Reynoso and Aurora Gonzalez Sanchez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings due to 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, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.

The BIA acted within its discretion in denying petitioners’ motion to reopen because petitioners did not establish that their former counsel “failed to perform with sufficient competence.” See Mohammed, 400 F.3d at 793.

The motion to withdraw as attorney of record is granted. The Clerk shall amend the docket to reflect that petitioners are appearing pro se, and their address is 1016 S. Exmoor Ave., Compton, CA 90220.

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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