417 F. App'x 689

Miguel SALAZAR, a.k.a. Miguel Angel Salazar-Flores, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-74209.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 2011.*

Filed March 2, 2011.

Edgardo Quintanilla, Quintanilla Law Firm, Inc., Sherman Oaks, CA, for Petitioner.

Christina Bechak Parascandola, Trial, U.S. Department of Justice, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

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

MEMORANDUM **

Miguel Salazar, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen 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, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying Salazar’s motion to reopen because he presented insufficient evidence to establish prejudice. 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).

Salazar’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

Salazar v. Holder
417 F. App'x 689

Case Details

Name
Salazar v. Holder
Decision Date
Mar 2, 2011
Citations

417 F. App'x 689

Jurisdiction
United States

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