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

Genoveva Martinez Rios v. Eric Holder, Jr.

Genoveva Martinez Rios v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
441 F. App'x 409

Genoveva Martinez Rios v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Genoveva Martinez Rios and Agustín Armenia Martinez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review de novo due process claims, and for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen based on ineffective assistance of counsel because petitioners did not demonstrate that their prior counsel failed to perform with sufficient competence. Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th Cir. 2004). Petitioners’ contention that the BIA failed to make a finding regarding counsels’ competence is unsupported by the record.

*410 In light of our disposition, we need not reach petitioners’ remaining contentions.

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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