FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR MANUEL ROSALES, No. 07-72563
Petitioner, Agency No. A076-675-491
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 18, 2011
San Francisco, California
Before: WALLACE, NOONAN, and CLIFTON, Circuit Judges.
Victor Rosales (“Rosales”) petitions for review of a decision of the Board of
Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings
based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. §
1252.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
We review ineffective assistance of counsel claims de novo and findings of
fact regarding counsel’s performance for substantial evidence. Lin v. Ashcroft, 377
F.3d 1014, 1024 (9th Cir. 2004). Ineffective assistance of counsel claims require a
showing of prejudice to succeed. Id. Upon review of the record, we conclude that
the BIA did not err in determining that Rosales did not demonstrate prejudice
arising out of his prior counsel’s failure to properly investigate and present
additional testimony and documentary evidence. Evidence that it was difficult for
Rosales to maintain his anonymity in one Guatemalan town, Salama, does not
undermine the agency’s previous conclusion that Rosales could reasonably relocate
within Guatemala.
The petition for review is DENIED.
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