Jorge Avila-Avila v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Jorge Avila-Avila v. Eric H. Holder Jr., 409 F. App'x 164 (9th Cir. 2011)

Jorge Avila-Avila v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Jorge Avila-Avila and Azucena Meza-Arciniega, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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 claims of due process violations in immigration proceedings, 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 petitioners’ motion to reopen because they failed to establish the required prejudice. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir. 2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice).

Counsel’s August 30, 2010, motion to withdraw is granted.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Jorge AVILA-AVILA; Azucena Meza-Arciniega, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished