Ruben Rivera v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION JUN 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RUBEN OSCAR RIVERA; SONIA No. 12-70161
RIVERA,
Agency Nos. A099-417-832
Petitioners, A099-417-833
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Ruben Oscar Rivera and Sonia Rivera, natives and citizens of Mexico,
petition for review of the Board of Immigration Appeals’ (“BIA”) order denying
their motion to reopen removal proceedings based on ineffective assistance of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 questions of law.
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 petitioners’ motion to
reopen where they failed to establish prejudice arising from any alleged ineffective
assistance by their former counsel. See id. at 793-94 (“[P]rejudice results when the
performance of counsel was so inadequate that it may have affected the outcome of
the proceedings.” (emphasis in original) (internal quotation marks omitted)); see
also Lara-Torres v. Ashcroft, 383 F.3d 968, 973-74 (9th Cir. 2004), amended by
404 F.3d 1105 (9th Cir. 2005) (order).
PETITION FOR REVIEW DENIED.
2 12-70161