417 F. App'x 652

Hector Baltazar MOLINA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73935.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 2011.*

Filed March 1, 2011.

Pasquale Lombardo, Law Offices of Pasquale Lombardo, Glendale, CA, for Petitioner.

District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, Joanna L. Watson, Trial, U.S. Department of Justice, Washington, DC, for Respondent.

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

MEMORANDUM **

Hector Baltazar Molina, a native and citizen of Guatemala, 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 Molina’s motion to reopen where he failed to establish that ineffective assistance of counsel may have affected the outcome of his case. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim a petitioner must demonstrate prejudice).

Molina’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

Molina v. Holder
417 F. App'x 652

Case Details

Name
Molina v. Holder
Decision Date
Mar 1, 2011
Citations

417 F. App'x 652

Jurisdiction
United States

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