Jolon Foronda v. Holder
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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