Rosales v. Holder
Rosales v. Holder
Opinion
MEMORANDUM *
Victor Rosales (“Rosales”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252.
We review ineffective assistance of counsel claims de novo and findings of fact regarding counsel’s performance for substantial evidence. Lin v. Ashcroft, 377 F.3d 1014, 1024 (9th Cir. 2004). Ineffective assistance of counsel claims require a showing of prejudice to succeed. Id. Upon review of the record, we conclude that the BIA did not err in determining that Rosales did not demonstrate prejudice arising out of his prior counsel’s failure to properly investigate and present additional testimony and documentary evidence. Evidence that it was difficult for Rosales to maintain his anonymity in one Guatemalan town, Salama, does not undermine the agency’s previous conclusion that Rosales could reasonably relocate within Guatemala.
The petition for review is DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.