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

Roehl Bernardino v. Eric Holder, Jr.

Roehl Bernardino v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2011 · Fletcher, Clifton, Bea
427 F. App'x 582

Roehl Bernardino v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jose R. Castro-Lopez and Maria L. Moreno-Aguilar, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen 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 constitutional claims, including 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 petitioners’ motion to reopen on the ground that they failed to show they were prejudiced by their former representative’s alleged conduct. See Iturribarria v. INS, 321 F.3d 889, 899-90 (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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