FILED
MAY 10 2011
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BERNARDO MARTINEZ RAMOS; No. 08-71970
MARIA DE LOURDES RAMOS
HERNANDEZ, Agency Nos. A075-759-477
A075-759-478
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Bernardo Martinez Ramos and Maria De Lourdes Ramos Hernandez, natives
and citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen removal proceedings. Our
*
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 is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.
2003), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen on the ground that they did not establish prejudice from the alleged
ineffective assistance of their former counsels. See id. at 899-900 (petitioner must
show prejudice to prevail on an ineffective assistance claim). Contrary to
petitioners’ contention, a presumption of prejudice does not apply. Cf. Singh v.
Ashcroft, 367 F.3d 1182, 1189 (9th Cir. 2004) (applying presumption of prejudice
where counsel failed to file a brief on appeal).
We lack jurisdiction to review the BIA’s decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-
Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011). Petitioners’ contention
that the BIA applied an incorrect standard in making that decision is not subject to
our review. See id.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-71970