Ruben Rodriguez Castelan v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUN 29 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RUBEN GUADALUPE RODRIGUEZ No. 09-73283 CASTELAN; MARIA DE LOURDES RAMIREZ RUIZ, Agency Nos. A075-690-467 A075-695-977 Petitioners, 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. Ruben Guadalupe Rodriguez Castelan and Maria De Lourdes Ramirez Ruiz, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We * 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). have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir. 2004), and we deny the petition for review. The BIA did not abuse its discretion in denying petitioners’ motion to reopen based on ineffective assistance of counsel because petitioners failed to demonstrate plausible grounds for relief. See Ray v. Gonzales, 439 F.3d 582, 587 (9th Cir. 2006) (where petitioner is deprived of the opportunity to present his claim due to counsel’s error, he has been denied due process if he can demonstrate “plausible grounds for relief” on his underlying claim). PETITION FOR REVIEW DENIED. 2 09-73283