U.S. Court of Appeals for the Ninth Circuit, 2013

Vicenta Lopez-Bobadilla v. Eric Holder, Jr.

Vicenta Lopez-Bobadilla v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided January 3, 2013 · Goodwin, Wallace, Fisher
502 F. App'x 702

Vicenta Lopez-Bobadilla v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Vicenta Lopez-Bobadilla, a native and citizen of Guatemala, petitions pro se for *703 review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal 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 claims of due process violations. 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 Lopez-Bobadilla’s motion to reopen where she failed to establish prejudice arising from any alleged ineffective assistance by her former representatives. 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.” (emphasis in original) (internal quotation marks omitted)).

Lopez-Bobadilla’s due process claims therefore fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on due process claim).

We reject Lopez-Bobadilla’s 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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