552 F. App'x 769

Josefina Juarez VILLANUEVA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 12-71840.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 21, 2014.*

Filed Jan. 23, 2014.

Josefina Juarez Villanueva, Fullerton, CA, pro se.

Song Park, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of The Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

MEMORANDUM **

Josefina Juarez Villanueva, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen 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 the motion because Juarez Villa-nueva failed to establish prejudice from the alleged ineffective assistance. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, petitioner must demonstrate prejudice). It follows that the BIA did not deny Juarez Villanueva due process in denying her motion. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

Villanueva v. Holder
552 F. App'x 769

Case Details

Name
Villanueva v. Holder
Decision Date
Jan 23, 2014
Citations

552 F. App'x 769

Jurisdiction
United States

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