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NOT FOR PUBLICATION APR 15 2011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
JOSE R. CASTRO-LOPEZ and MARIA No. 09-72667
L. MORENO-AGUILAR,
Agency Nos. A073-937-330
Petitioners, A073-937-331
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.
Jose R. Castro-Lopez and Maria L. Moreno-Aguilar, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen based on ineffective assistance of counsel. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
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 BIA did not abuse its discretion in denying petitioners’ motion to
reopen on the ground that they failed to show they were prejudiced by their former
representative’s alleged 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 and citation omitted).
PETITION FOR REVIEW DENIED.
2 09-72667