FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHART MIGUEL GUTIERREZ No. 08-72272
CADENA; ZOILA DEL ROSARIO
GUTIERREZ, Agency Nos. A096-345-271
A096-345-272
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Richart Miguel Gutierrez Cadena and Zoila Del Rosario Gutierrez, natives
and citizens of Ecuador, petition pro se for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen based on ineffective
*
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).
assistance of 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
constitutional claims. 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 because
they presented insufficient evidence to establish prejudice. See id. at 793-94
(petitioner must demonstrate prejudice to prevail on an ineffective assistance of
counsel claim). It follows that petitioners’ due process claim fails. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000).
PETITION FOR REVIEW DENIED.
2 08-72272