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

Oscar Mendiola Navarro v. Eric Holder, Jr.

Oscar Mendiola Navarro v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2011 · Fletcher, Clifton, Bea
427 F. App'x 592

Oscar Mendiola Navarro v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Oscar Mendiola Navarro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 *593 and review de novo constitutional 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 Mendiola Navarro’s motion because he presented insufficient evidence to establish prejudice. See id. at 793-94 (petitioner must demonstrate prejudice to prevail on an ineffective assistance of counsel claim).

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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