Francisco Barrera Moreno v. Eric Holder, Jr. , 599 F. App'x 757 ( 2015 )

FILED
NOT FOR PUBLICATION APR 15 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO JAVIER BARRERA No. 12-73770
MORENO, AKA Francisco Moreno,
Agency No. A094-316-634
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Francisco Javier Barrera Moreno, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s order denying his motion to reopen removal
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse 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).
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 agency did not abuse its discretion in denying Barrera Moreno’s motion
to reopen for failure to establish prejudice, where Barrera Moreno testified at his
removal hearing that he had no fear of returning to El Salvador, see id. at 793 (to
prevail on an a motion to reopen based on ineffective assistance of counsel, an
alien must demonstrate that he was prejudiced by counsel’s performance), and
failed to establish prejudice from any failure to advise him of his right to appeal the
withdrawal of his Temporary Protected Status, see Lata v. INS, 204 F.3d 1241,
1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show
error and prejudice).
In light of this disposition, we do not reach Barrera Moreno’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 12-73770