FILED
NOT FOR PUBLICATION APR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROEHL HENSON BERNARDINO, No. 09-72105
Petitioner, Agency No. A072-442-940
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.
Roehl Henson Bernardino, a native and citizen of the Philippines, petitions
for review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) denial of his motion to reopen based on ineffective
assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, and review de novo
constitutional claims, including ineffective assistance of counsel claims.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the
petition for review.
The IJ did not abuse her discretion in denying Bernardino’s motion to
reopen on the ground that he failed to show he was prejudiced by his former
counsel’s conduct. See Iturribarria v. INS, 321 F.3d 889, 899-90 (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 omitted).
PETITION FOR REVIEW DENIED.
2 09-72105