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

Hernandez Lozano v. Holder

Hernandez Lozano v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 19, 2010 · Beezer, Trott, Bybee
362 F. App'x 725

Hernandez Lozano v. Holder

Opinion

MEMORANDUM **

Alicia Hernandez Lozano, a native and citizen of Mexico, petitions 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 pursuant to 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.

Even if Lozano complied with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988), Lozano failed to establish that her former attorney’s alleged ineffective assistance resulted in prejudice, and thus her claim of ineffective assistance of counsel fails. 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 9th Cir. R. 36-3.

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