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

Ruben Rodriguez Castelan v. Eric Holder, Jr.

Ruben Rodriguez Castelan v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 29, 2011 · Canby, O'Scannlain, Fisher
442 F. App'x 252

Ruben Rodriguez Castelan v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ruben Guadalupe Rodriguez Castelan and Maria De Lourdes Ramirez Ruiz, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen based on ineffective assistance of counsel because petitioners failed to demonstrate plausible grounds for relief. See Ray v. Gonzales, 439 F.3d 582, 587 (9th Cir. 2006) (where petitioner is deprived of the opportunity to present his claim due to counsel’s error, he has been denied due process if he can demonstrate “plausible grounds for relief’ on his underlying 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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