U.S. Court of Appeals for the Ninth Circuit, 2018

Luciano Duran-Arreola v. Jefferson Sessions

Luciano Duran-Arreola v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided March 20, 2018

Luciano Duran-Arreola v. Jefferson Sessions

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUCIANO DURAN-ARREOLA, AKA No. 15-73825 Luciano Arreola, Agency No. A202-014-701 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018**

Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

Luciano Duran-Arreola, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discretion the denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We 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 or violate due process in denying Duran-Arreola’s motion to remand, where he did not show the alleged ineffective assistance of counsel may have affected the outcome of his proceedings. See id. at 793-94 (to demonstrate ineffective assistance of counsel, petitioner must show counsel failed to perform with sufficient competence and that petitioner was prejudiced by counsel’s performance; to show prejudice, petitioner must show counsel’s performance was so inadequate it may have affected the outcome of proceedings).

PETITION FOR REVIEW DENIED.

2 15-73825

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