Gurmajor Singh v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GURMAJOR SINGH, No. 10-70808
Petitioner, Agency No. A078-674-062
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Gurmajor Singh, a native and citizen of India, 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
an abuse of discretion the BIA’s denial of a motion to reopen, and reviews de novo
*
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).
claims of due process violations, including 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 Singh’s motion to reopen
because he failed to show he was prejudiced by the alleged ineffective assistance of
counsel. See Iturribarria v. INS, 321 F.3d 889, 901-03 (9th Cir. 2003).
The BIA also did not abuse its discretion in denying Singh’s motion to
reopen because it considered the record and acted within its broad discretion in
determining that the evidence was insufficient to establish prima facie eligibility
for asylum, withholding of removal, or CAT relief. See Toufighi v. Mukasey, 538
F.3d 988, 996-97 (9th Cir. 2008); Fernandez v. Gonzales, 439 F.3d 592, 603 (9th
Cir. 2006) (the agency is presumed to have considered the entire record).
Finally, Singh’s request for a stay of removal until his status is adjusted is
denied. This does not effect our order dated August 25, 2010, granting Singh a
stay of removal pending review.
PETITION FOR REVIEWED DENIED.
2 10-70808