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

Harjeet Singh v. Eric H. Holder Jr.

Harjeet Singh v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2011 · Canby, Fernandez, Smith
420 F. App'x 732

Harjeet Singh v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Harjeet Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 and de novo claims of due process violations in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

We agree with the BIA’s conclusion that Singh failed to establish that former counsels’ performance resulted in prejudice, and thus his claim of ineffective assistance fails. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th Cir. 2003) (prejudice results when the performance of counsel “was so inadequate that it may have affected the outcome of the proceedings”) (internal quotation marks and citation omitted).

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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