FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ILBIR CAMPOS-MEJIA, No. 09-72583
Petitioner, Agency No. A029-266-213
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Ilbir Campos-Mejia, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen based on ineffective
assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review de
*
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).
novo due process claims, and for abuse of discretion the denial of a motion to
reopen. 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 Campos-Mejia’s motion to
reopen on the ground that he failed to show prejudice from his former counsel’s
conduct. See Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir. 1999) (“Prejudice is
found when the performance of counsel was so inadequate that it may have
affected the outcome of the proceedings.”).
PETITION FOR REVIEW DENIED.
2 09-72583