FILED
NOT FOR PUBLICATION AUG 17 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CLAUDIA CAMPOS PEREZ, No. 10-71031
Petitioner, Agency No. A096-061-871
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2011 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Claudia Campos Perez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ decision dismissing her appeal from an
immigration judge’s order denying her motion to reopen. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
*
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).
motion to reopen and we review de novo questions of law, Iturribarria v. INS, 321
F.3d 889, 894 (9th Cir. 2003). We deny in part and dismiss in part the petition for
review.
The agency did not abuse its discretion by denying Campos Perez’s motion
to reopen on the ground that she failed to show her prior counsel was ineffective.
See Iturribarria, 321 F.3d at 899-900. It follows that Campos Perez’s due process
claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000).
We lack jurisdiction to consider Campos Perez’s contention regarding the
transcript of her removal hearing because she did not raise that claim before the
BIA. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004).
Campos-Perez’s contention that she has been defrauded by an immigration
consultant is foreclosed by Hernandez v. Mukasey, 524 F.3d 1014, 1020 (9th Cir.
2008) (holding that “reliance upon the advice of a non-attorney cannot form the
basis of a claim for ineffective assistance of counsel in a removal proceeding”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-71031