421 F. App'x 744

Ana Elizabeth VELASCO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-75143.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 2011.*

Filed March 15, 2011.

Leticia Torres Moreno, Law Offices of Leticia T. Moreno, APC, Commerce, CA, for Petitioner.

John Beadle Holt, Esquire, Trial, Oil, Blair O’Connor, Assistant Director, DOJ-U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

MEMORANDUM **

Ana Elizabeth Velasco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. 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 Velasco’s motion to reopen for failure to show prejudice. 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).

PETITION FOR REVIEW DENIED.

Velasco v. Holder
421 F. App'x 744

Case Details

Name
Velasco v. Holder
Decision Date
Mar 15, 2011
Citations

421 F. App'x 744

Jurisdiction
United States

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