FILED
NOT FOR PUBLICATION MAR 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SARIBEK SARKISYAN, No. 08-73857
Petitioner, Agency No. A079-542-439
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.
Saribek Sarkisyan, a native of the Soviet Union and a citizen of Armenia,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his motion to reopen
*
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).
proceedings due to ineffective 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 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 agency’s conclusion that Sarkisyan failed to establish that
former counsel’s 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).
Sarkisyan’s remaining contention is unavailing.
PETITION FOR REVIEW DENIED.
2 08-73857