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NOT FOR PUBLICATION JUN 29 2011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