Moustafa Haridy v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Moustafa Haridy v. Eric Holder, Jr., 485 F. App'x 273 (9th Cir. 2012)

Moustafa Haridy v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Moustafa El Sayed Haridy, a native of Saudi Arabia and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings 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 due process 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 Haridy’s motion to reopen because he failed to show that he was prejudiced by his former counsel’s conduct. See id. at 793-94 (prejudice results when “the performance of counsel was so inadequate that it may have affected the outcome of the proceedings” (internal quotation marks 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.

Reference

Full Case Name
Moustafa El Sayed HARIDY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished