FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HARJEET SINGH, No. 08-74700
Petitioner, Agency No. A075-309-132
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.
Harjeet Singh, a native and citizen of India, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
proceedings due to ineffective assistance of counsel. We have jurisdiction under 8
*
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).
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen
and de novo claims of due process violations in immigration proceedings.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
We agree with the BIA’s conclusion that Singh failed to establish that
former counsels’ performance resulted in prejudice, and thus his claim of
ineffective assistance fails. See Iturribarria v. INS, 321 F.3d 889, 899-900 (9th
Cir. 2003) (prejudice results when the performance of counsel “was so inadequate
that it may have affected the outcome of the proceedings”) (internal quotation
marks and citation omitted).
PETITION FOR REVIEW DENIED.
2 08-74700