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

Satbir Randhawa v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided March 22, 2011 · Farris, Leavy, Bybee

423 F. App'x 701

Counsel

Pardeep S. Grewal, Esquire, Law Offices of Pardeep S. Grewal, Castro Valley, CA, for Petitioner., Cindy S. Ferrier, Senior Litigation Counsel, OIL, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Satbir Singh Randhawa, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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, and review de novo claims of ineffective assistance of counsel. 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 Randhawa’s motion to reopen where he failed to establish that ineffective assistance of counsel may have affected the outcome of his case. See id. at 793-94 (to demonstrate prejudice, alien must establish that counsel’s performance may have affected the outcome of proceedings).

Randhawa’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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