FILED
NOT FOR PUBLICATION NOV 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SERGIO OLEA REYNOSO; AURORA No. 08-73021
GONZALEZ SANCHEZ,
Agency Nos. A095-446-783
Petitioners, A095-446-784
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Sergio Olea Reynoso and Aurora Gonzalez Sanchez, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen proceedings due to ineffective assistance of
counsel. 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, Mohammed v. Gonzales, 400 F.3d 785,
791 (9th Cir. 2005), and we deny the petition for review.
The BIA acted within its discretion in denying petitioners’ motion to reopen
because petitioners did not establish that their former counsel “failed to perform
with sufficient competence.” See Mohammed, 400 F.3d at 793.
The motion to withdraw as attorney of record is granted. The Clerk shall
amend the docket to reflect that petitioners are appearing pro se, and their address
is 1016 S. Exmoor Ave., Compton, CA 90220.
PETITION FOR REVIEW DENIED.
2 08-73021