Martha Quintana-Bonilla v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION APR 13 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTHA QUINTANA-BONILLA, No. 09-72098 Petitioner, Agency No. A097-351-508 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Martha Quintana-Bonilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen 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 * 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). reopen, and review de novo claims of due process violations. Mohammed 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 Quintana-Bonilla’s motion to reopen where she failed to establish prejudice resulting from her former counsel’s representation. See id. at 793-94 (prejudice results when counsel’s performance “was so inadequate that it may have affected the outcome of the proceedings”) (internal quotation marks and citation omitted). PETITION FOR REVIEW DENIED. 2 09-72098