NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 23 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
HECTOR VARGAS CORONA, No. 08-71659
Petitioner, Agency No. A077-819-859
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011**
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Hector Vargas-Corona, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review de novo claims of ineffective assistance of counsel, for
substantial evidence findings of fact regarding counsel’s performance, and for
abuse of discretion the denial of a motion to reopen. Lin v. Ashcroft, 377 F.3d
1014, 1023-24 (9th Cir. 2004). We deny the petition for review.
The BIA did not abuse its discretion in denying Vargas Corona’s motion on
the ground that Vargas Corona did not establish ineffective assistance by his
former attorneys where the record does not compel the conclusion that Vargas
Corona’s former attorneys were aware his mother would pass away during the
course of his removal proceedings. See Lin, 377 F.3d at 1023 (petitioner must
establish that counsel’s performance prevented him from reasonably presenting his
case).
PETITION FOR REVIEW DENIED.
2 08-71659