NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 15 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
ANA ELIZABETH VELASCO, No. 08-75143
Petitioner, Agency No. A075-764-078
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.
Ana Elizabeth Velasco, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
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 due process claims. Mohammed
*
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).
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 Velasco’s motion to reopen
for failure to show prejudice. See id. at 793-94 (prejudice results when “the
performance of counsel was so inadequate that it may have affected the outcome of
the proceedings.”) (emphasis in original).
PETITION FOR REVIEW DENIED.
2 08-75143