FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUZ MARIA ESPINOZA MOSQUEDA, No. 09-71424
Petitioner, Agency No. A095-193-873
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, O’SCANNLAIN, and BYBEE, Circuit Judges.
Luz Maria Espinoza Mosqueda, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen removal proceedings due to ineffective assistance of counsel. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria
v. INS, 321 F.3d 889, 894 (9th Cir. 2003), we deny the petition for review.
The BIA did not abuse its discretion by denying Espinoza Mosqueda’s
motion to reopen on the ground that she failed to establish prejudice from the
alleged ineffective assistance. See id. at 899-900 (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).
In light of our disposition, we do not address Espinoza Mosqueda’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 09-71424