U.S. Court of Appeals for the Ninth Circuit, 2011

Jolon Foronda v. Holder

Jolon Foronda v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 28, 2011 · Canby, Fernandez, Smith
416 F. App'x 676

Jolon Foronda v. Holder

Opinion

MEMORANDUM **

Sergio Augusto Jolon Foronda, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen and review de novo ineffective assistance of counsel claims. 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 Foronda’s motion to reopen because it was untimely, see 8 C.F.R. § 1003.2(c)(2), Foronda failed to demonstrate changed country conditions to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii), and Foronda failed to establish that the alleged ineffective assistance may have affected the outcome of his proceedings, see Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th *677 Cir. 2003) (to prevail on an ineffective assistance of counsel claim a petitioner must demonstrate prejudice).

The government’s motion to strike is denied.

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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