Martha Quintana-Bonilla v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION APR 13 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARTHA QUINTANA-BONILLA, No. 09-72098
Petitioner, Agency No. A097-351-508
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Martha Quintana-Bonilla, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen proceedings due to 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
*
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).
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 Quintana-Bonilla’s motion
to reopen where she failed to establish prejudice resulting from her former
counsel’s representation. See id. at 793-94 (prejudice results when counsel’s
performance “was so inadequate that it may have affected the outcome of the
proceedings”) (internal quotation marks and citation omitted).
PETITION FOR REVIEW DENIED.
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